A new list of high-hazard machinery, devices and equipment as well as amendments to the application procedure for permits for their use and the performance of hazardous work have been approved

On 3 February 2021, the Cabinet of Ministers of Ukraine adopted Regulation No 77¹  (hereinafter - "Regulation No 77"), which: 1) approves a new list of high hazard machinery, devices and equipment (hereinafter - "Equipment"); and 2) amends Cabinet of Ministers of Ukraine Regulation No 725² dated 25 August 2010 and Regulation No 1107³ dated 26 October 2011 to define a new procedure for issuing permits for the performance of hazardous work and use of the Equipment.

The reason for the adoption of Regulation No 77 was the need for the harmonisation of Ukrainian legislation with the respective legislation of the EU and to reflect the current state of technology advancement.

Regulation No 77 shall be effective from 10 March 2021. After the entry into force of the said Regulation, employers will be required to apply for permits to perform hazardous work and utilise the equipment included in Group A of Regulation No 1107 and Regulation No 77.

The hazardous work and equipment included in Group B of Regulation No 1107 and Regulation No 77 will be performed and utilised based on a declaration of compliance of the entity’s material and technical resources with the requirements of labour safety law.

Please note that compared to the current regulation, the new procedure for issuing permits stipulates the extended list of hazardous work that are subject to the prior obtaining of a permit and the equipment that may be exploited (used) based on a permit.

Furthermore, Regulation No 77 amends the declaration form for declaring the compliance of the entity’s physical infrastructure with the requirements of labour safety law. The declarations issued before Regulation No 77 enters into force will remain valid until amended.

We will be glad to share our observations on the expected effects of these developments on your business and provide additional information and consulting support upon your request.

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^{1 Regulation of the Cabinet of Ministers of Ukraine dated 3 February 2021 No 77 "On approval of the list of high hazard machinery, devices and equipment and amendment of certain regulations of the Cabinet of Ministers of Ukraine"}

^{2 Regulation of the Cabinet of Ministers of Ukraine dated 25 August 2010 No 725 "On approval of the list of specific activities relating to conducting business operations or types of business operations, which may not be conducted on the basis of presenting a declaration of compliance of the entity’s physical infrastructure with legal requirements"}

^{3 Regulation of the Cabinet of Ministers of Ukraine dated 26 October 2011 No 1107 "On approval of the Procedure for issuing permits for the performance of hazardous work and the exploitation (use) of high hazard machinery, devices and equipment"}