In accordance with 225-FZ, it is not individual wells that are subject to insurance, but the hazardous production facility of which they are a part. In this case, according to the Appendix to Rostechnadzor Order No. 168 dated 04/07/2011, such an object is called a “well stock” (for oil and gas production facilities) and a “mineral water well” (for mineral water production facilities).
Name of the hazardous production facility in the “boiler house group” register. Is the insurance policy issued for a “group of boiler houses” as a whole or for each boiler house separately?
An insurance policy is issued for each hazardous production facility. If the registration certificate indicates a hazardous production facility “group of boiler houses”, then one policy will be issued for the facility “group of boiler houses”.
Several cranes are registered as part of a hazardous production facility. They are not installed permanently. Do they need to be insured separately?
A dangerous facility (in this case, a hazardous production facility) in which cranes are registered (including those installed non-stationary) is subject to insurance under 225-FZ. There is no need to insure the cranes individually.
If the owner of a dangerous object changes during the validity of the compulsory insurance contract, is it necessary to renew the contract?
According to Art. 10 225-FZ, when the owner of a dangerous object changes during the period of validity of the compulsory insurance contract, the rights and obligations of the insured under this contract are transferred to the new owner of the dangerous object, if the new owner of the dangerous object, within 30 calendar days from the date of taking possession of the dangerous object, in writing notified the insurer about this. In the absence of such notification, the compulsory insurance contract is terminated from 24 hours local time on the last day of the specified thirty-day period, and the policyholder with whom the compulsory insurance contract was originally concluded has the right to demand the return of part of the insurance premium paid by him in proportion to the unexpired insurance period, minus the costs incurred by the insurer for maintaining case and contributions to the reserve to finance compensation payments.
If a dangerous object is leased, who has the obligation to provide insurance in accordance with 225-FZ?
According to Art. 2 225-FZ “the owner of a dangerous object is a legal entity or individual entrepreneur who owns a dangerous object by right of ownership, the right of economic management or the right of operational management or on another legal basis and carries out the operation of a dangerous object.” That. in the understanding of 225-FZ, the owner of a dangerous facility is a legal entity - the lessee operating the hazardous facility. This is a legal entity and is obliged to insure its liability within the framework of 225-FZ.
When concluding a compulsory insurance contract, the owner of a hazardous facility provides the initial data necessary for concluding the contract, incl. information about whether the object is declared. If you have any doubts about the reliability of this information, you can contact the territorial body of Rostechnadzor, which is in charge of the hazardous facility.
Does the OPO policy have the same form for all companies?
All insurance companies use a single policy format. The policy is a strict reporting form, which is produced by the Federal State Unitary Enterprise Goznak.
What documents are issued to the policyholder upon concluding a compulsory insurance contract and paying the insurance premium (first insurance premium)?
To confirm the conclusion of the OSOPO agreement, the policyholder receives an OSOPO insurance policy.
Do I need to contact the insurance company if there are changes at a hazardous facility that entail changes in the essential terms of the insurance contract?
According to Article 11 225-FZ, the policyholder is obliged to notify the insurer of all changes made to the documents submitted to the insurer when concluding a compulsory insurance contract within 5 working days from the date of such changes.
Does the insurance company have the opportunity to verify the correctness of the data about the hazardous production facility provided by the insured?
The automated information system for compulsory insurance of hazardous facilities (AIS OPO) provides a mechanism for verifying information. After concluding a compulsory insurance contract, information about the contract with all the attributes of the object is sent from the insurance company to the AIS OPO. In accordance with the requirements of Article 26 225-FZ, information interaction with Rostechnadzor, Rosvodresursy, the Ministry of Emergency Situations of Russia and local governments is provided.
How is the insurance premium (IP) calculated under an insurance contract?
In accordance with Decree of the Government of the Russian Federation No. 808 dated 01.10.11. the insurance premium is calculated as follows:
SP = Basic gross rate * Adjustment. coefficient * Fear. sum
Basic gross rate is determined separately for each type of facility in accordance with the classification of hazardous production facilities established by Rostekhnadzor Order No. 168.
Correction factors are determined in accordance with 225-FZ depending on:
harm that may be caused as a result of an accident at a hazardous facility, and the maximum possible number of victims (equal to 1 until December 31, 2014);
the absence or presence of insured events that occurred during the period of validity of the previous compulsory insurance contract due to violation by the insured of the norms and rules of operation of a dangerous facility established by the legislation of the Russian Federation (equal to 1 until December 31, 2016);
safety level of a hazardous facility (until December 31, 2013, the range of possible values is from 0.9 to 1).
Sum insured:
for undeclared objects is determined in accordance with the grouping of hazardous production under 225-FZ from 10 million to 50 million.
for declared objects is determined depending on the maximum possible number of victims whose life or health may be harmed, and ranges from 10 million rubles. up to 6.5 billion rubles.
Can an insurance company terminate an insurance contract? In which cases?
The insurer has the right to demand termination of the OSOPO contract in the event of a delay in payment of the insurance premium or the next insurance premium by more than 30 days.
If a compulsory insurance agreement is concluded for 3 years, how to draw up a payment schedule if payment will be made annually, i.e. three payments? And is it possible with three?
When concluding a contract for 3 years and quarterly installments, the contract must provide for 12 payments in accordance with the Rules of Compulsory Insurance. Installment plans of 3 payments are not provided for by the Rules of Compulsory Insurance.
How is the insurance premium paid under the OSOPO agreement?
The insurance premium under the OPO agreement can be paid:
One time;
In installments in 2 equal payments:
- 1 payment – upon concluding an OS OPO agreement,
- 2nd payment – no later than 4 months from the date of payment of the 1st installment;
In installments in equal quarterly payments (subject to payment of each installment no later than 30 calendar days before the end of the paid period).
In this case, the compulsory insurance contract comes into force after payment of the insurance premium or the first insurance premium.
What documents does the policyholder provide when concluding an OSHA agreement?
According to the Insurance Rules, in order to enter into an OSHA agreement, the policyholder submits the following documents to the insurer: a) an application for compulsory insurance in the form established by the Rules with attachments of documents containing the information necessary to determine the amount of the insurance premium about the dangerous object: its level of safety, the harm that may be caused as a result of an accident at a dangerous facility and the maximum possible number of victims; b) a copy of the certificate of registration of a hazardous production facility in the State Register of Hazardous Facilities or a copy of an extract from the Russian Register of Hydraulic Structures; c) copies of documents confirming the right of ownership and/or possession of a dangerous object; d) a card for registering a hazardous production facility in the state register of hazardous production facilities and information characterizing the hazardous production facility, prepared in the manner established by the federal executive body exercising, within its competence, the functions of control and supervision in the field of safety of the relevant hazardous production facilities or hydraulic structures structures; e)* information about the presence of insured events (when concluding a OVSO agreement for a new term with another insurer). When concluding an OSOPO agreement, before registering a hazardous production facility, the insured, together with the application, submits to the insurer information characterizing the hazardous production facility, prepared in the manner established by Rostechnadzor. After state registration of a hazardous production facility, the insured is obliged to provide the registration number of the hazardous production facility within 3 working days to the insurer, who, based on the data received, makes an appropriate entry in the insurance policy, and also provide the insurer with the remaining documents provided for in paragraphs b)-d).
* not provided when insuring for the first time.
On April 12, 2017, Bank of Russia Regulation No. 574-P dated December 28, 2016 came into force, which approved new rules for compulsory insurance of civil liability of the owner of a hazardous facility for damage caused by an accident at a hazardous facility.
At the same time, Decree of the Government of the Russian Federation of November 3, 2011 No. 916, which approved the previous rules of OSOPO (according to Decree of the Government of the Russian Federation of March 30, 2017 No. 358), became invalid.
In general, the new Insurance Rules have been adjusted taking into account law enforcement practice and are brought into line with:
- current editions of Federal Law No. 225-FZ of July 27, 2010 and Federal Law No. 116-FZ of July 21, 1997.
- new regulations on registration of hazardous production facilities (Orders of Rostechnadzor dated November 25, 2016 No. 494 and No. 495).
Compulsory insurance contract
Chapter 1 of the new Regulations on the rules of OSOPO describes in detail the procedure for concluding, amending, extending, terminating (terminating) a compulsory insurance contract.So, the OSOPO agreement concluded by delivery the owner of the dangerous object (the policyholder) insurance policy, which is issued on the basis of a written application. In other words, the independent document “Contract” (as we are used to seeing it) in the insurance of dangerous objects is now optional and does not play any significant role.
The main document is the insurance policy, which is a strict reporting form, drawn up in accordance with the form of Appendix No. 1 to the Bank of Russia Regulations of December 28, 2016 N 574-P and has a uniform form throughout the entire territory of the Russian Federation.
In accordance with clause 1.1. Chapter 1 of Bank of Russia Regulations No. 574-P dated December 28, 2016, the OSOPO policy is issued only after the owner of the dangerous object pays the insurance premium or the first insurance premium.
Depending on the type of hazardous object, the policyholder provides the insurer with a different set of mandatory documents. For clarity, we will present this section of the OSOPO rules in the form of a table.
| OPO, registered until 14.02.2017 | OPO, registered after 02/14/2017 | Elevators, PPI, escalators, passenger conveyors | GTS | gas station | |
| Application for insurance | + | + | + | + | + |
| Certificate of registration of public benefit organization (copy) | + | + | - | - | - |
| Extract from the Russian GTS register (copy) | - | - | - | + | - |
| Ownership documents (copy) | at the insurer's request | at the insurer's request | + | at the insurer's request | at the insurer's request |
| HPF registration card (copy) | + | - | - | - | - |
| Information characterizing the hazardous production facility (copy) | + | + | - | - | - |
Application forms for mandatory HPO insurance are given in Appendix No. 2, No. 3 and No. 4 of Bank of Russia Regulations dated December 28, 2016 N 574-P (by types of hazardous facilities). When concluding an OSOPO agreement, the insurance company will provide you with the required sample of this document (and in some cases will even fill it out for you).
Note! The application (and attachments to it) is an integral part of the insurance policy in accordance with clause 1.6 of the Regulations on the rules of OSOPO.
The insurance rules specifically describe the situation when the OOOPO agreement is concluded before the registration of a hazardous production facility in the Rostechnadzor register (clause 1.4).
In this case, the policyholder, along with the application, submits to the insurer a copy of the prepared Information characterizing the HIF, with his signature and seal.
After entering information into the register of public health organizations, the policyholder must inform the insurer reg. number of hazardous production facility within three working days. The insurance company, in turn, makes a corresponding entry in the OSOPO policy.
Sum insured
The insured amount when concluding an OOOPO agreement is determined for each hazardous facility in accordance with Article 6 of Federal Law No. 225-FZ of July 27, 2010.For hydraulic structures that are part of a complex of hydraulic structures (hydraulic unit), created within the framework of a single technical solution and performing a single task, the insurance amount is determined for the complex of hydraulic structures as a whole.
For hazardous production facilities that are located less than 500 meters from each other and are subject to declaration, the situation is as follows. If the total amount of hazardous substances circulating on them is equal to or exceeds the maximum permissible amount, then the insurance amount is determined based on the data specified in the industrial safety declaration drawn up in relation to the hazardous production facility complex.
Conclusion of the OSOPO agreement
When concluding a UPSO agreement, the insurance company can carry out the following actions:
1. Conduct, at your own expense (independently or with the involvement of specialized organizations and experts), an examination of a dangerous facility in order to assess the harm that may be caused as a result of an accident, the maximum possible number of victims and (or) the level of safety.
In this case, the insured (owner of the object) is obliged to assist in carrying out the assigned examination, including providing access to the dangerous object, and providing the necessary technical and other documentation.
2.
Request (in accordance with clause 2 of part 1 of Article 12 of Federal Law No. 225-FZ of July 27, 2010) from supervisory and other government bodies (Rostechnadzor, MSCh, etc.) and receive from them information about the insurer’s compliance with norms and regulations operation of a hazardous facility established by the legislation of the Russian Federation.
The insured (owner of the object), in turn, has the right to demand from the insurer clarification of the conditions of compulsory insurance and consultations on the conclusion of the OOOPO agreement.
In addition, the policyholder and the insurer exercise other rights and obligations established according to Art. 11 and 12 of Federal Law No. 225-FZ of July 27, 2010
According to clause 1.9 of Bank of Russia Regulations No. 574-P dated December 28, 2016, the OSOPO agreement comes into force “ from the date the policyholder fulfills the obligation to pay the insurance premium or the first insurance premium» or from another day specified in the contract. But provided that the insurance premium (first insurance installment) is paid before the date of entry into force of the OSOPO agreement.
The insurance premium under the OSOPO policy is subject to payment in a lump sum, unless otherwise provided by the compulsory insurance contract.
Payment of the insurance premium can also be made:
- in installments in two equal payments (in this case, the second insurance premium must be paid within a period not exceeding 4 months from the date of the first payment);
- equal quarterly payments (subject to payment of each installment no later than 30 calendar days before the end of the paid period).
note! The obligation to pay the insurance premium (the next insurance premium) is considered fulfilled from the day the funds are received in the bank account or cash desk of the insurance company.
Changes to the OSOPO agreement
If during the validity period of the OVSO agreement the policyholder or the facility undergoes significant changes, the policyholder is obliged to immediately notify the insurer about this.
Significant changes include changes in the information specified by the insured when concluding a compulsory insurance contract, entailing a change in the essential conditions of the compulsory insurance policy and the amount of the insurance premium (including an increase in the harm that may be caused as a result of an accident at a hazardous facility and the maximum possible number of victims).
After receiving information about an increase in the insurance risk, the insurer has the right to demand changes in the terms of the agreement or payment of an additional insurance premium.
If the policyholder objects to an increase in the premium and a change in the terms of insurance, the insurer may initiate termination of the OSOPO agreement (with the preparation of a termination agreement in writing in the form of a separate document signed by the parties).
note! Early termination (termination) of the OSOPO agreement does not terminate the insurer’s obligation to pay insurance compensation for insured events that occurred during the policy period. Also, the policyholder’s obligation to pay the insurance premium, the payment of which is overdue by the time the contract is terminated, does not cease.
The insured (owner of the facility) also has the right to insist on changing the terms of insurance (including reducing the cost of the policy) if the damage that could be caused as a result of an accident at a dangerous facility has decreased. To do this, you need to send a written request to the insurer.
In this case, the insurer is obliged to review it within 30 working days from the date of receipt of the request and either formalize changes to the FOSO agreement or refuse in writing (if the fact of risk reduction is not confirmed).
Changes to the OSOPO agreement, which relate to the amount of the insurance premium, are made as follows:
1. The insurer makes an entry in the “Special Notes” section of the insurance policy indicating the date and time of changes.
2. The entry is certified by the signature of the insurer’s representative and seal.
3. On the next working day after the policyholder returns the previously issued policy, a reissued insurance policy (with a new number) is issued.
Amendments to the OSOPO agreement that do not affect the amount of the insurance premium can be made:
- by issuing a reissued insurance policy (see above);
- by making entries in the “Special Notes” section, or on the back of a previously issued insurance policy.
Termination of the OSOPO agreement
The OSOPO agreement is terminated early in the following cases:
- liquidation(legal entity) or death (individual entrepreneur) of the policyholder, except for cases provided for by the legislation of the Russian Federation;
- change of owner a dangerous object during the period of validity of the OOOPO agreement, if the new owner has not notified the insurer within 30 calendar days from the date of taking possession of the dangerous object in writing (the agreement is terminated at 24:00 local time of the last day of the specified thirty-day period);
- change in object status, including the cessation of the possibility of an insured event occurring and the existence of another insured risk (for example, when an object loses signs of danger or goes into a category not subject to compulsory insurance).
- at the request of the policyholder;
- at the request of the insurer if the payment of the insurance premium (the next insurance premium) is overdue for more than thirty calendar days;
- by agreement of the parties.
According to clause 1.16 of the Bank of Russia Regulations dated December 28, 2016 N 574-P, the renewal of the OSOPO agreement is carried out by concluding an agreement for a new term with the issuance of a new insurance policy.
The cost of insurance (insurance premium) in this case is calculated in accordance with the insurance rates in force at the time of renewal.
When renewing the OOOPO agreement for a new term with the same insurer, filing an Application and providing information about the object are not required (provided that the information specified earlier has not changed).
Insurance case
Chapter 2 of the Regulations on Insurance Rules describes the actions of persons (the policyholder and the insurer) when carrying out compulsory insurance. It also specifies what documents must be submitted to the insurer upon the occurrence of an insured event.According to clause 2.1 of the Bank of Russia Regulations dated December 28, 2016 N 574-P, upon the occurrence of an insured event, the policyholder is obliged to take the following actions:
1. Within 24 hours from the moment of an accident at a hazardous facility, inform the insurer about this in writing (by fax, e-mail with subsequent transfer of originals).
2. Reduce the amount of possible harm from the accident by taking measures that are reasonable and available under the circumstances. Namely:
- measures aimed at reducing the consequences of the accident and possible losses, preserving the life and health of victims (in accordance with the requirements of the legislation of the Russian Federation in the field of safety of relevant facilities);
- other measures agreed with the insurer.
- inform the victim of the need to inform the insurer about the occurrence of such harm, so that the insurer inspects the damaged property (the place where the harm occurred) and records its condition.
- date of the accident;
- the alleged cause of the accident, its duration, intensity and other signs;
- the nature and expected extent of harm;
- the estimated number of individuals and legal entities whose life, health and property could have been harmed;
- contact person at the scene of the event;
- the exact address of the event or its coordinates.
6. Involve the insurer in investigating the causes of the accident (if, in accordance with the legislation of the Russian Federation, it is not necessary to create a commission with the participation of a representative of the supervisory authority to investigate the causes of the accident).
7. Send to the insurer copies of the report on the causes (circumstances) of the accident at a hazardous facility, and other forms on the types and extent of damage caused within 5 working days from the date of receipt of these documents.
Upon the occurrence of an insured event, the insurer:
1. May request from state authorities and local governments and receive from them documents and information relating to an insured event (accident at a hazardous facility).
2. Is obliged to post the following information on his website within 5 working days from the day he became aware of the insured event:
- date and place of an event that has signs of an insured event;
- name of the insured;
- procedure and conditions for making insurance payments;
- list of documents required to make insurance payments;
- your address, opening hours, telephone numbers.
Insurance payment
Clauses 2.4-2.7 and Chapter 3 of the Regulations on Insurance Rules contain information on insurance payments (the procedure for determining the amount of payment and its implementation, the list of necessary documents, etc.).In the most general form (clause 2.4), in order to receive an insurance payment, the victim or persons who are entitled to receive payment (their authorized representatives) must provide the insurer with originals or copies of the following documents:
- application for insurance payment;
- identification document;
- documents certifying family ties or powers of persons who are representatives of the victim, and (or) a power of attorney;
- documents confirming harm caused to the victim as a result of an accident at a hazardous facility and the amount of harm caused;
- information containing bank details for receiving insurance compensation (if paid by bank transfer).
If the victim applies for compensation directly to the policyholder, the latter performs the following actions:
- before compensation for damage, informs the insurer about received claims and sends copies of the relevant documents to him within 5 working days;
- must follow all instructions of the insurer;
- involves the insurer to participate in legal proceedings if the victim has filed a claim for compensation for damage caused as a result of an accident at a dangerous facility.
Chapter 3 of the new OSOPO rules provides detailed information on insurance payments. For ease of perception, we will present this information in tabular form. In the table we will include data that is important for both policyholders and victims.
Download the table on insurance payments
note! When requesting insurance payment, the victim is obliged to provide the insurer with his personal data. Failure to provide personal data and consent to their processing may lead to refusal of payment.
After receiving a report on the causes and circumstances of the accident at a hazardous facility, as well as an application and all documents from the victim, the insurer within 25 working days is obliged to make an insurance payment or send a reasoned refusal to the victim.
According to clause 3.54 of the OSOPO rules, insurance payment is made:
- victims - individuals: in cash or by transfer to a bank account specified by them;
- victims - legal entities: by transfer to the bank account specified by them.
The total maximum amount of all insurance payments under the OVSO contract associated with one accident at a hazardous facility cannot exceed the amount of the insured sum (SS) established in accordance with Part 1 of Article 6 of Federal Law No. 225-FZ of July 27, 2010.
If the amount of damage caused exceeds the maximum amount of insurance payment, then the difference between them is compensated by the owner of the dangerous object.
If insurance payments are made to several victims and the amount of claims exceeds the amount of the insurance amount:
- First of all, damage caused to the life or health of victims - individuals is compensated;
- secondly, damages caused to the property of victims - individuals, including in connection with violation of living conditions, are compensated;
- thirdly, damage caused to the property of victims - legal entities - is compensated.
It should be taken into account that the above requirements of the insured for reimbursement of expenses are satisfied only after the obligations for insurance payments to the victims are fulfilled.
note! The insurer has the right to submit a recourse claim to the policyholder within the limits of the insurance payment made ( that is, demand from the owner of the object an amount equal to the insurance payment), If:
- the damage was caused as a result of an accident at a hazardous facility that arose due to the failure of the insured to comply with the instructions (instructions) of the supervisory authorities (Rostekhnadzor, Ministry of Emergency Situations, etc.);
- intentional actions (inaction) of an individual - an employee of the insured - resulted in harm to victims, including as a result of a controlled explosion, release of hazardous substances, discharge of water from a reservoir, liquid waste from industrial and agricultural organizations.
The law provides for mandatory insurance by the owner of objects that pose a potential danger.
The insurance policy will allow the owner to fully compensate for the damage caused to victims as a result of a man-made disaster.
Man-made disasters at the end of the twentieth century led to massive loss of life. Today, the state obliges owners of hazardous industries to insure the risk of death and harm to the health of fellow citizens as a result of industrial accidents.
What are the basic principles of HIF insurance?
The list of industries recognized as dangerous and the rules of compulsory insurance are clearly established at the federal level by the 2012 law “On compulsory insurance of civil liability of the owner of a hazardous facility for damage caused by an accident at a hazardous facility.”
Insurance for the owner of a hazardous production facility (HIF) is mandatory.
The object of insurance is the liability of owners of hazardous production to persons who suffered harm as a result of a man-made disaster. Damage includes physical, property and environmental damage.
What structures are recognized as hazardous production facilities?
The list of public safety organizations in the 2012 federal law is exhaustive. Those productions are considered which, in the event of a failure, could cause significant property, physical or environmental damage.
Enterprises classified as hazardous industries have the right to carry out production activities only if they have an insurance policy. The absence of a policy is an obstacle to obtaining a license to operate and a basis for the application of financial sanctions.
List of enterprises classified as hazardous industries:
- Production facilities:
- HIFs that use, process, store, transport or destroy such hazardous substances as:
- flammable, flammable or oxidizing;
- toxic and highly toxic;
- explosives;
- hazardous to the environment.
- HIFs using equipment operating at a pressure of 0.07 MPa and above or at an operating water temperature above 115 °C;
- HIFs that use stationary lifting mechanisms, funiculars, escalators, cable cars and elevators in apartment buildings, public catering facilities, trade, administrative buildings and other facilities that support the livelihoods of citizens;
- Industrial production facilities where, as a result of the production process, metal melts (ferrous and non-ferrous) and alloys based on them are obtained;
- HPFs carrying out underground work, mineral processing and other mining operations.
- hydroelectric power station buildings;
- dams;
- channels;
- tunnels;
- water inlet/outlet and spillway structures;
- ship lifts;
- shipping locks;
- dams, etc.
Special conditions for HPF insurance apply to state property, which is financed from the budget, as well as to elevators and escalators installed in apartment buildings.
Why was compulsory insurance for hazardous industries introduced?
Compulsory insurance for hazardous industries was introduced after a series of large-scale man-made disasters at the end of the 20th century. The consequences of accidents in industries working with hazardous substances have been serious and long-lasting.
In 1984, an accident occurred in India (Bhopal) at the American Union Carbide plant. About three thousand people died on December 3, 1984, and about 15 thousand more in subsequent years. But, according to scientists, the total number of victims of the disaster is about half a million human lives. This man-made disaster is the largest in the world.
The history of the accident at the Chernobyl nuclear power plant, which occurred in 1886, is known to all Russians.
It is not surprising that back in 1997 the state adopted a law on insuring the activities of industries that pose a potential danger to citizens and the environment.
The Federal Law “On compulsory insurance of civil liability of the owner of a hazardous facility for damage caused by an accident at a hazardous facility,” in force since January 1, 2012, obliges all owners of hazardous production facilities to insure the risk of damage to citizens and organizations as a result of an industrial accident.
What are the amounts of insurance compensation?
The limits of insurance payments are established by federal law and depend on the type of activity of potentially hazardous production.
Some enterprises are developing Declaration of industrial safety at a hazardous facility. In accordance with the declaration, the possible number of victims as a result of an industrial accident is determined.
Depending on the likely maximum number of victims, the amount of the insured amount is determined. If the number of victims is less than 10 people, the insured amount will be 10 million rubles, more than 3,000 people - 6.5 billion rubles, etc.
In the absence of an industrial safety declaration, the insurance amount is determined by the type of hazardous facility:
- oil refining, petrochemical and chemical production – 50 million rubles;
- gas supply facilities, gas consumption and gas networks – 25 million rubles;
- other hazardous production facilities – 10 million rubles.
How is HIF insurance carried out?
To obtain insurance, the owner of a hazardous production has the right to contact the insurance company of his choice.
The amount of insurance compensation is determined as a result of an examination. Experts set the maximum amount of payment, depending on which the amount of the insurance premium is determined.
The contribution can be paid in installments - this issue is agreed upon by the owner of the PPO with the insurance company.
- Carry out an examination to assess the degree of potential danger of the object;
- Provide the following package of documents:
- documents establishing the right of ownership (ownership): purchase and sale agreement, inventory card, invoices with payment orders, etc.;
- documents characterizing the object (attachment to the accounting card);
- hazardous production facility registration card;
- certificate of registration of a dangerous object;
- UB form;
- MVKP form;
- statement;
What is the object of HIF insurance?
The object of insurance for hazardous production is the owner’s financial liability arising as a result of an accident. Only the policyholder's risk in favor of third parties is subject to insurance.
Civil legislation regulates that the owner of a hazardous production bears full financial liability to persons who have suffered damage as a result of the production activities of a hazardous facility.
The presence of an insurance policy guarantees the owner of the hazardous production facility the opportunity to pay damages to the victims, and the victims the opportunity to receive compensation.
The insurance company checks compliance at the enterprise that has entered into the insurance contract, safety standards.
Only large companies that can provide compensation for damage on a large scale are granted a license to conclude a hazardous industrial insurance contract. There are less than a hundred such large firms in the insurance market.
What damage is compensated by the insurance company?
Upon the occurrence of an event provided for in the insurance policy (an accident that causes harm to human health, property or environmental damage) The insurance company makes the following payments to victims from its own funds:
- costs of eliminating the consequences of a man-made disaster;
- costs to reduce losses from an accident, if such actions were taken as a result of instructions from the insurance company;
- costs of investigating the causes of the accident and identifying those responsible;
- costs of saving the lives and property of victims of the accident;
- costs of conducting cases for compensation for damage caused by an industrial accident in court and arbitration.
As practice shows, even at those enterprises where all safety requirements are faithfully followed, accidents can occur. The list of hazardous industries was not compiled by chance - it is the result of many years of sad experience.
Mandatory insurance of hazardous industries allows not only to reduce the costs of the owner of a hazardous production facility, but also to receive full compensation for victims of the disaster.
What damage is not compensated by the insurance company?
The rules for insurance of hazardous industries provide for a number of situations when payments are not made, since they are not provided for by the legislation on insurance of hazardous production facilities.
Insured events do not include:
- removal of a dangerous object from the possession of the insured due to the fault of third parties;
- natural disasters;
- civil unrest, civil war, strike;
- terrorist attack;
- war;
- nuclear explosion and radioactive contamination;
- intentional actions of the beneficiary (victim) or owner of the hazardous production facility.
In the latter case, the insurance company pays compensation if damage is caused to the life and health of a third party due to the fault of the policyholder.
Let's sum it up
From January 1, 2012, owners of hazardous industries are required to enter into an insurance contract in the event of an accident resulting in death, harm to the health of citizens, property or environmental damage.
HPFs include industries working with hazardous substances, at high pressures, with high-temperature water, gas stations, hydraulic structures, underground production, facilities operating elevators, cable cars, escalators, etc.
In the event of a man-made disaster, compensation to victims is paid by the insurance company.
The insurance rate for hazardous production facilities and the maximum amount of compensation depend on the nature of production and the amount of potential damage, which is determined by examination.
To conclude an insurance contract, the owner of a public health insurance company contacts the insurance company of his choice, fills out an application and provides a package of documents. After an examination is carried out to assess the amount of potential damage, a hazardous production facility insurance contract is concluded.
Video about insurance of dangerous objects
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One Comment
Fukushima immediately comes to mind. Here it becomes clear why insurance of such objects is mandatory. I am sure that insurance companies are not too fond of such clients, because in the event of some kind of environmental disaster, the payments will be colossal. On the other hand, a dangerous object is not necessarily some kind of “nuclear reactor”. The tunnel could be like that too.
A hazardous production facility in accordance with Federal Law 116-FZ is an enterprise or its workshops, sites, sites, as well as other production facilities specified in Appendix 1 to the Federal Law.
- The following hazardous substances are obtained, used, processed, formed, stored, transported, and destroyed:
- flammable substances;
- oxidizing substances;
- flammable substances;
- explosives;
- toxic substances;
- highly toxic substances;
- substances that pose a danger to the environment.
- Equipment operating under a pressure of more than 0.07 megapascals or at a water heating temperature of more than 115 degrees Celsius is used.
- Permanently installed lifting mechanisms, escalators, cable cars, and funiculars are used.
- Melts of ferrous and non-ferrous metals and alloys based on these melts are obtained.
- Mining, mineral processing, and underground work are underway.
Identification of hazardous production facilities.
Identification of hazardous production facilities (HPF) is the classification of an object within an organization as a hazardous production facility and determination of its type in accordance with the requirements of 116-FZ "On industrial safety of hazardous production facilities".
Identification of hazardous production facilities is carried out by the organization operating these facilities, and responsibility for the correctness of identification lies with the head of the organization.
According to Article 2, paragraph 3 of Federal Law No. 116-FZ “On Industrial Safety of Hazardous Production Facilities,” hazardous production facilities, depending on the level of potential danger of accidents at them for the vital interests of the individual and society, are divided into four hazard classes:
Hazard class I - extremely high degree of danger of the object;
Hazard class II - hazardous production facilities of high danger;
III hazard class - hazardous production facilities of medium danger;
Hazard class IV - hazardous production facilities of low hazard.
The assignment of a hazard class is carried out upon its registration in the state register. Previously, procedures must be carried out to analyze and evaluate the object, assigning the object to one or another hazard category.
Identification of hazardous production facilities is carried out in accordance with the Requirements for maintaining the state register of hazardous production facilities in terms of assigning names to hazardous production facilities for the purpose of registration in the state register of hazardous production facilities, approved by Order of Rostechnadzor dated 04/07/2011 No. 168.
When re-registering a hazardous production facility, the identification procedure is carried out for all hazardous production facilities operated as part of it.
Interim procedures for registering a public benefit.
In addition to identification, an object classified as a hazardous production facility will need to register all technical equipment used in production processes. For example, lifting structures must be registered before they are put into operation. Registration is carried out by Rostechnadzor, about which a corresponding note is made in the equipment passport.
Also for hazardous production organizations there are requirements for the mandatory development of a procedure for production control or industrial production control. This is a document containing information about the requirements for the performance by employees and management of responsibilities to ensure industrial safety at the facility. After approval of the Procedure by the head of the enterprise, its copy is sent by notification to the territorial body of Rostechnadzor.
Another important point is that managers and specialists of hazardous production facilities undergo training related to industrial safety with subsequent certification, also carried out by Rostechnadzor.
HIF insurance procedure.
The Policyholder provides the Insurer with the following documents:
- insurance application,
- a copy of the Certificate of Registration of the HPO in the State Register of HPOs,
- copies of documents confirming ownership of the hazardous production facility,
- hazardous production facility registration card,
- information about the presence of insured events (when concluding an agreement for a new term with another Insurer)*,
*not provided when insuring under 225-FZ for the first time.
What does the GO OPO policy protect/not protect against?
Under the compulsory insurance contract the following is subject to compensation:
- Damage to the life or health of the victim, including the insured’s employees.
- Damage to property (taking into account the actual damage caused by damage to property).
- Harm as a result of disruption of living conditions (based on the expenses incurred by the victim associated with moving to a place of temporary settlement and back, living in a place of temporary settlement, purchasing vital material resources).
Under a compulsory insurance contract, the insurer does not compensate for:
- damage caused to the property of the insured;
- expenses of the victim associated with non-fulfillment or improper fulfillment of his civil obligations;
- harm caused to the property of the victim whose intentional actions caused an accident at a hazardous facility;
- damages that are lost profits, including those associated with the loss of the marketable value of property, as well as moral damage;
- if harm to victims was caused as a result of sabotage and terrorist acts;
- harm caused as a result of events defined in paragraph 1 of Article 964 of the Civil Code of the Russian Federation (war, strikes, nuclear explosion, radiation, civil unrest, seizure, arrest, confiscation).
The absence of an insurance certificate for a hazardous facility not only entails a refusal to approve permitting documentation for its operation, but is also subject to punishment in the form of an administrative fine, in accordance with Article 9.19 of the Administrative Code, in the amount of up to 500 thousand rubles.
Registration of permission for commissioning.
- previously issued permit,
- as well as compliance with its design documentation and urban planning plan.
To do this, you should submit a corresponding application to the authority that issued the construction permit. The application will also need to be accompanied by a package of documents, the composition of which is determined by current legislation.
Preparation of documents for registration of hazardous production facilities with state registration. Accounting card, information characterizing a dangerous object.
To further register the facility with state registration, you will also need to fill out a hazardous production facility registration card, which will include the following data:
- name and location of the enterprise,
- signs of danger based on which production is classified as a hazardous production facility,
- hazard classes,
- types of activities subject to licensing,
- information about the operating organization,
- and ultimately – information about the state registration of the hazardous production organization.
It is worth noting that the accounting map must be approved by Rostechnadzor and is an appendix to the state registration of hazardous production facilities. The received permission to put into operation will be considered in the future as the basis for registering the facility with the state.
Entering the public utility into the register.
The next important stage in the design of a public benefit organization is its registration. Registration of a hazardous production facility implies the assignment of an object to a certain group in accordance with the degree of its danger in accordance with Appendices 1-2 to the Law “On Industrial Safety of Hazardous Production Facilities” No. 116-FZ, and further entry of information about it into the register of hazardous production facilities of Rostechnadzor (EGROPO).
Obligations to register hazardous production facilities are imposed on the owners by law. This is indicated by paragraph 2 of Article 2 of the above-mentioned Law No. 116-FZ. Moreover, if we rely on the contents of Rostekhnadzor Order No. 606 dated September 4, 2007, registration of a hazardous production facility must be carried out no later than 10 days before the start of operation of this facility, that is, from the moment of receipt of the act on putting the hazardous production facility into operation.
Registration is carried out by the territorial body of Rostechnadzor. The registration procedure is established by law. This is evidenced by such documents as Order of Rostechnadzor No. 606 and Decree of the Government of the Russian Federation No. 1371 (dated November 24, 1998).
In this case, the stages of entering an enterprise into the register correspond to the procedures described earlier.
Thus, the initial stage is the identification of the hazardous production facility, followed by assigning it a certain hazard class, drawing up an accounting map and information about the hazardous production facility and their approval by the controlling organization, collecting the remaining required documents and transferring them to Rostechnadzor and obtaining a certificate of inclusion of the facility in the Unified State Register of Industrial and Industrial Organizations.
Documents for entering a hazardous production organization into the register.
List of necessary documents for entering hazardous production facilities (HIF) into the state register:
- Object registration card in 2 copies for each object with an identification mark (must be done on one sheet).
- Object information:
- master plan and explication of buildings and structures of the enterprise;
- list of technical devices and equipment used at the enterprise;
- information about the size and boundaries of the territory, sanitary protection and / or security zones of hazardous production facilities;
- data on the amount of hazardous substances at hazardous production facilities;
- information about the technologies used, main and auxiliary production;
- a list of available and/or necessary licenses for activities related to the operation of hazardous production facilities;
- a list of industrial safety reviews performed, indicating the names of the expert organizations that conducted the review (for existing facilities);
- a list of available and/or necessary permits for the use of technical devices of the main process equipment;
- A copy of the insurance policy (if any).
- A copy of the State Statistics Committee certificate.
- A copy of the Charter;
- A copy of the certificate of state registration of a legal entity.
- A copy of the certificate of registration with the tax authorities.
- Certificate of amendments to the statutory documents (if any).
- Bank details of the organization.
Obtaining a license.
The final stage of registration of a public benefit organization is obtaining a license corresponding to the direction of the organization’s activities (Article 12 of the Federal Law of May 4, 2011 N 99-FZ “On licensing of certain types of activities”).
The regulation on licensing the operation of explosion-, fire-hazardous and chemically hazardous production facilities of hazard classes I, II and III was approved on the basis of Decree of the Government of the Russian Federation dated June 10, 2013 N 492 - hereinafter referred to as the Regulation.
The regulation establishing the licensing procedure is the Administrative Regulation of the Federal Service for Environmental, Technological and Nuclear Supervision, approved by Order of Rostekhnadzor dated August 11, 2015 N 305.
The state fee for issuing a license is set at 7,500 rubles.
List of required documents:
- application for a license;
- a list of attached documents;
- copies of documents on the ownership of plots and buildings;
- details of documents confirming the commissioning of facilities, and in their absence - details of registration of positive conclusions of the industrial safety examination;
- details of documents confirming the compliance of technical devices planned for use at facilities with the requirements of technical regulations;
- a copy of the regulations on the industrial safety management system;
- a copy of the regulation on production control over compliance with industrial safety requirements at facilities;
- copies of action plans for localizing and eliminating the consequences of accidents at facilities;
- copies of documents confirming the certification of the manager (deputy manager) of the license applicant in the field of industrial safety;
- copies of documents confirming the availability of reserves of financial resources and material resources for localizing and eliminating the consequences of accidents;
- details of industrial safety declarations of objects;
- a list of instruments and systems for monitoring, control, signaling and emergency automatic protection of technological processes planned for use at the facilities;
- copies of service contracts with professional emergency rescue services or formations and (or) administrative documents of the license applicant on the organization of its own professional emergency rescue services, as well as copies of documents confirming the certification of professional emergency rescue services or formations in accordance with Article 12 of the Federal Law "On emergency rescue services and the status of rescuers";
- copies of insurance policies for compulsory civil liability insurance;
- copies of the constituent documents of a legal entity, certified by a notary.
Deadlines for issuing a license. License validity period.
The application is considered and a decision is made to grant (or refuse to grant) a license within a period not exceeding 45 working days from the date of receipt of the application and a complete set of documents.
The license is valid for an indefinite period (clause 4 of Article 9 of the Federal Law “On Licensing of Certain Types of Activities”).