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THE LAW OF THE REPUBLIC OF AZERBAIJAN ON TECHNICAL SAFETY

The present Law establishes legal, economic and social basis of safe operation of
potentially dangerous facilities, regulates activity of legal and physical persons
operating the given facilities directed to prevent failures capable of arising at these
facilities and eliminate consequences of the occured failures.
Provisions of the present Law extend to all legal and physical persons who are engaged
in operating potentially dangerous facilities on the territory of the Azerbaijan Republic,
regardless of their organizational - legal forms and a form of ownership.
Article 1. Basic concepts
Basic concepts used in the present Law have the following meanings:
technical safety of facilities (further referred to as technical safety) - the condition of
protection of the vital interests of citizens and society from failures capable of occuring
at potentially dangerous facilities;
technical supervision - the control over the observance of requirements of normative
and technical documents establishing the work rules at industrial facilities, and a
special permission which have been given out for activity at potentially dangerous
facilities;
failure - destruction of structures or technical constructions applied at potentially
dangerous facilities, uncontrollable explosion or distribution of dangerous substances in
environment;
incident - technical constructions stoppage or breakdown applied at potentially
dangerous facilities, the process of technological spillover, and also violation of the
requirements of normative and technical documents establishing rules for
implementing works at an industrial facility;
safety engineering - a complex of the automatic control and regulation devices,
protective constructions, watch facilities (follower arrangement), remainder,
communication and other technical measures providing safety;
certificate of conformance - an official certificate establishing conformity of
equipment, cars and mechanisms to the state standard or safety requirements of other
normative and technical documents.
Article 2. Potentially dangerous facilities
1. Industrial, supply, transport and social facilities representing danger to population
and environment (specified in appendix 1), which are engaged in reception,
manufacturing, processing, transportation, use and liquidation of sources of explosion

and ignition, radio-activity and ionizing radiation, poison gases, are considered as
potentially dangerous facilities.
2. A list of potentially dangerous facilities is approved by the relevant executive
authority.
3. Potentially dangerous facilities are registered in the state register in an order
established by the relevant executive authority.
Article 3. Technical safety requirements
1. Technical safety requirements consist of conditions, prohibitions, restrictions and
other obligatory requirements, that are established by the present Law, other regulatory
legal acts of the Azerbaijan Republic, as well as normative and technical documents
accepted in the operating order and providing technical safety.
2. Technical safety requirements must meet the state standards, labor safety rules, and
also norms of ecological and fire safety, protection of environment, population and
territory from emergencies and industrial, building and prophylactic-epidemiological
norms.
Article 4. Technical safety legislation
1. Technical safety legislation consists of the Constitution of the Azerbaijan Republic,
the present Law and other regulatory legal acts.
2. In case, if regulations of technical safety relations established by the interstate
contracts, which are supported by the Azerbaijan Republic, differ from the rules
provided by the present Law, rules of the international contracts are applied.
Article 5. State regulation in the field of technical safety
State regulation in the field of technical safety is carried out by the relevant executive
authority according to the legislation.
Article 6. Giving special permission for activity types in the field of technical safety
The order on giving special permission for activity types in the field of technical safety
is established according to the legislation of the Azerbaijan Republic.
Article 7. Technical constructions and equipment used at potentially dangerous
facility

1. Technical constructions, cars and mechanisms used at potentially dangerous facilities


are certificated concerning conformity of the technical safety requirement in an order
established by the legislation of the Azerbaijan Republic. A list of certificated technical
constructions used at potentially dangerous facilities is approved by the relevant
executive authority.
2. Inspection of technical constructions used at potentially dangerous facilities is carried
out by the relevant executive authority.
3. Rules for issue of certificate are established by the relevant authority according to the
legislation.
4. The general rules and terms of use of equipment and technical constructions at
potentially dangerous facilities are established by the relevant executive authority.
5. Equipment and technical constructions used at potentially dangerous facilities
undergo examination of technical safety when they are exploited in the established
order.
Article 8. Technical safety requirements to designing, building and acceptance of
potentially dangerous facility for operation
1. One of the obligatory conditions of decision-making at the beginning of building,
broadening, reconstruction, technical updating, preservation and liquidation of
potentially dangerous facility is receiving a positive decision of a commission of experts
on technical safety under design documents.
2. Cases of design documents spillover in the course of building, broadening,
reconstruction, technical updating, preservation and liquidation of potentially
dangerous facility are not permitted. The changes made in design documents are
coordinated with the relevant executive authority.
3. The organizations developing design documents in the course of building,
broadening, reconstruction, technical updating, preservation and liquidation of
potentially dangerous facility carry out the author's inspection in an order established
by the legislation.
4. Acceptance of potentially dangerous facilities for operation is conducted in an order
established by the legislation of the Azerbaijan Republic. When accepting potentially
dangerous facilities for operation the conformity of the facility to design documents, the
readiness condition of legal and physical persons for operating potentially dangerous
facilities and also localization of failures and liquidation of their consequences are
checked.
Article 9. Technical safety requirements on operating potentially dangerous facility

Legal and physical persons operating potentially dangerous facility should:


observe requirements of the present Law, other laws and regulatory legal acts, as well
as normative and technical documents;
when completing workers at potentially dangerous facilities provide the conformity
of them to technical safety requirements and specialization, and also other
requirements established by the law, and medical suitability;
have regulatory legal acts and normative and technical documents establishing work
rules at potentially dangerous facility;
provide carrying out examination of technical safety of buildings, and also
diagnostics, test and general inspection of buildings, equipment and technical
constructions used at potentially dangerous facilities;
organize protection of potentially dangerous facility and observe technical safety
requirements on storage of dangerous substances;
prepare technical safety declaration, sign a contract on obligatory insurance of the
damage liability caused during operating potentially dangerous facility;
have a special permission for operating potentially dangerous facility;
provide keeping records of explosive and radioactive substances, explosive materials
and ionizing radiation sources, their storage, consumption and safe use in an order
meeting the requirements of normative and technical documents;
observe instructions, orders and directions of the relevant executive authorities.
Article 10. Duties of people working at potentially dangerous facility
People working at potentially dangerous facility are obliged:
to observe the requirements of normative and technical documents establishing work
rules at potentially dangerous facilities, and also activity in the conditions of failure
and incident;
to pass medical checkup and attestation no less often than once every year;
in an order established by the legislation of the Azerbaijan Republic to stop to work
during failure and incidents occurred at potentially dangerous facility, to
immediately inform management or other official about failure or incident.
Article 11. Requirements for the activity of legal and physical persons directed
to localize failures and liquidate their consequences
To prevent failure capable of occurring at potentially dangerous facilities and liquidate
consequences of the occurred failures legal and physical persons operating given
facilities:
prepare and carry out system measures;

periodically improve readiness of working people to failures and incidents, hold


their attestation;
organize the system control to preliminary identify and prevent failures capable of
occurring;
immediately stop operation in case of failure and incident;
sign contracts with professional life-saving services, or professional life-saving parts;
create the reserve of financial assets and material and technical means according to
the legislation of the Azerbaijan Republic to localize failures and liquidate their
consequences;
carry out other duties following from the present Law, other acts of the Azerbaijan
Republic, and also normative and technical documents establishing rules for
conducting activities in the emergency situation.
Article 12. The internal control over the observance of technical safety requirements
1. Legal and physical persons operating potentially dangerous facility should organize
and carry out the control over the observance of technical safety requirements in
according to the requirements established by the relevant executive authority.
2. Information about the workers responsible for organizing and carrying out industrial
control over the observance of technical safety requirements should be submitted to the
relevant executive authority.
Article 13. Technical investigation of causes of failure
1. The special commission organized by the relevant executive authority conducts
technical investigation on each fact of failure which has occurred at potentially
dangerous facility.
2. The special commission can get involved representatives of the local governments of
the territory on which potentially dangerous facility places, legal and physical persons
who are carrying out operation of a facility, and also representatives of design and
scientific-research institutes, construction and mounting and insurance organizations
and examination and technical safety organizations and others in investigation.
3. Legal and physical persons operating potentially dangerous facility should submit
corresponding data and documents to the commission on technical investigation of
causes of failure to realize its power.
4. On the results of technical investigation of causes of failure statement is drawn up. In
the given statement there are indicated reasons and conditions of failure, volume of the
caused damage, facts of violation of technical safety requirements, and also measures
taken in connection with localization and liquidation of consequences of failure.

5. Expenses on technical investigation of causes of failure are covered by legal or


physical person operating a facility on the territory of which failure has occurred.
Article 14. Technical safety examination
1. Technical safety examination extends on:
design documents on building, broadening, reconstruction, technical updating,
preservation and liquidation of potentially dangerous facility;
equipment and technical constructions used at potentially dangerous facility;
buildings and structures at potentially dangerous facility;
technical safety declaration and other documents connected with operation of
potentially dangerous facility.
2. Technical safety examination is made at the expense of legal or physical person
operating facility by organization having special permission to make the given
examination.
3. The organization making technical safety examination draws conclusion from the
examination results.
4. The conclusion submitted to the relevant executive authority is considered and
approved by the given body in the established order.
5. Technical safety examination cannot be made simultaneously with making
other examinations.
6. Rules of making technical safety examination is approved by the relevant executive
authority.
Article 15. Technical safety declaration
1. In technical safety declaration there are reflected:
comprehensive assessment of failure and danger connected with it;
analysis of sufficiency of measures taken to prevent failure;
providing readiness of legal bodies to operation of potentially dangerous facilities,
and also localization of failure and liquidation of its consequences;
working out measures directed to reduce consequences of failure and the size of
caused damage.
A list of data and rule of their composing indicated in technical safety declaration are
prepared by the relevant executive authority.
2. Potentially dangerous facilities are obliged to separately develop technical safety
declarations on obtaining, use, processing, storage, transportation and liquidation of

sources of substances and ionizing radiation in the quantity specified in Appendix 2 to


the present Law.
3. Legal and physical persons operating potentially dangerous facility should
submit declaration on the condition of technical safety to the relevant executive
authority.
4. Technical safety declaration is prepared on the basis of design documents on
building, broadening, reconstruction, technical updating, preservation and liquidation
of potentially dangerous facilities and approved by legal or physical person operating
facility.
Legal or physical person operating potentially dangerous facility is responsible for
completeness and reliability of data specified in declaration according to the legislation.
5. In case of applying by legal or physical person for obtaining special permission in
connection with operation of potentially dangerous facility or change of data specified
in declaration or technical safety requirements, technical safety declaration is specified
or developed again.
6. Technical safety declaration is submitted to the relevant executive state bodies or
local governments in an order established by the relevant executive authority.
7. Technical safety declaration should undergo an examination of technical safety
according to the legislation.
Article 16. Obligatory insurance of responsibility of legal and physical persons
operating potentially dangerous facility
Responsibility of legal or physical persons operating potentially dangerous facilities is
insured without fail for the damage caused to life, health or property of other persons
and environment as a result of failure capable of occurring at the given facility. The
order and insurance conditions are established by the law.
Article 17. The state control over potentially dangerous facilities
1. The state control over potentially dangerous facilities is organized and carried out by
the relevant executive authority to check conformity of the given facilities operation to
technical safety requirements.
2. In connection with realization of the state control officials of the relevant executive
authority have the following powers:
to freely enter potentially dangerous facilities;
to get acquainted with the documents connected with operation of potentially

dangerous facilities;
to check implementation of special permission conditions which have been given out
to legal and physical persons operating potentially dangerous facilities to realize the
corresponding activity type;
to reveal correctness of conducting technical investigation of failures which have
occurred at potentially dangerous facilities, and also sufficiency of measures taken as
a result of the given investigations;
to give legal and physical persons written orders to eliminate violations, revealed as
a check result;
within their powers to instruct in the field of technical safety, including
about necessity of making technical safety examination of buildings and structures at
facility, the technical constructions applied at potentially dangerous facility;
in an order established by the legislation of the Azerbaijan Republic to attract
persons who are guilty of violating technical safety requirements to administrative
responsibility, send the materials collected for instituting criminal proceedings
against the given persons to the law enforcement bodies;
to require improving the qualification of experts and officials of potentially
dangerous facilities;
in an order established by the legislation to take measures on restriction or stoppage
of operation of special permission which has been given out to legal and physical
person, and also in case of rough violation of technical safety requirements - to
cancellation of special permission;
to appear in court to claim compensation for the damage caused to life, health,
property of other persons;
to realize the powers following from the present Law, other acts of the Azerbaijan
Republic.
Article 18. Dispute resolutions order in the field of technical safety
Disputes in the field of technical safety are resolved according to the legislation of the
Azerbaijan Republic.
Article 19. Legislation infringement liability in the field of technical safety
The persons guilty of infringement of the present Law bear responsibility according to
the legislation of the Azerbaijan Republic.
Heydar Aliyev
The President of the Republic of Azerbaijan
Baku, November 2, 1999
N 733-IQ

Appendix 1
Potentially dangerous industrial objects

A category of potentially dangerous industrial objects includes:


1. Obtained, used, processed, produced, stored, transported and destroyed dangerous
substances indicated below:
1.1. Inflammable substances - gases possessing ability to fast ignition at normal pressure
and connection with air, boiling temperature of which makes 20 0C or lower;
1.2. Oxidized substances - the substances helping burning, creating fast ignition and (or)
promoting fast ignition of other substances as a result of oxidation-reduction reaction;
1.3. Volatile flammable substances - liquids, gases, powders, itself inflammable, and
beginning to burn from fire source and then burning independently;
1.4. Explosives chemical substances possessing ability to turn to the substances
promptly extending by itself with allocation of heat as a result of external influence and
formation of gases;
1.5. Toxic agents - the substances bringing to destruction of living organisms as a result
of influence them, and possessing the following characteristic:
average lethal dose in the range of 15 mg/kg to 200 mg/kg (inclusive) at entering an
organism (stomach)
average lethal dose in the range of 50 mg/kg to 400 mg/kg (inclusive) at influencing
the skin;
average lethal concentration in the range of 0,5 mg/L to 2 mg/L in the air;
1.6. Super toxic agents - the substances bringing to destruction of living organisms as a
result of influence them, and possessing the following characteristic:
average lethal dose no more than 15 mg/kg at entering an organism (stomach);
average lethal dose no more than 50 mg/kg at influencing the skin;
average lethal concentration no more than 0,5 mg/L in the air.
1.7. Dangerous substances in environment - the substances characterized by the
following sharply poisoning indicators in the water environment:
average lethal dose no more than 10 mg/L at inhalation influencing fish within 96
hours;

average lethal dose no more than 10 mg/L at influencing microorganisms in fresh


water within 48 hours;
average ingibiration concentration no more than 10 mg/L at influencing seaweed
within 72 hours;
2. The equipment working under pressure in the mode more 0,07 mpa or boiling
temperature of water 1150C;
3. The permanently established and mobile load-lifting mechanisms - escalator,
ropeways, cable railways and lifts;
4. Melting of ferrous and nonferrous metals and reception of alloys as a result of it;
5. Mining, mineral dressing and underground working;
6. Oil and gas extraction industry (including the main oil and gas pipelines) and
geological exploration works;
7. Transportation of dangerous cargoes by air, sea, railway and motor transport;
8. Elevator-flour-grinding, mixed fodder and mineral fertilizer industries;
9. Petrochemical, oil refining and gas supply areas.

Appendix 2
Extreme limit for the dangerous substances grounding obligatory
out technical safety declaration at potentially dangerous industrial facility

working

Table 1

The name of dangerous substance

Quantity
limit for
dangerous
substance ()

Ammonia

500

Ammonium nitrate (nitrate of ammonium and mixed ammonium


including nitrogen content exceeding 28 % by weight of ammonium
nitrate, water solution of ammonium nitrate in which the concentrate 2500
of ammonium nitrate exceeds 90 %)
Ammonium

nitrate

as

fertilizer

[(ammonium

nitrate (simple 10000

fertilizers on the basis of ammonium nitrate, and also complex


fertilizers including nitrogen content exceeding 28 % by weight of
ammonium nitrate) (complex fertilizers contain also ammonium
nitrate along with phosphate and (or) potassium)]
Acrylonitrile

200

Chlorine

25

Ethylene oxide

50

Hydrogen containing cyanogen

20

Hydrogen containing fluorine

50

Hydrogen containing sulphide

50

Sulphur dioxide

250

Sulphur trioxide

75

Alkyles

50

Phosgene

0,75

Methyl Isocyanate

0,15
Table 2

Types of dangerous substances

Quantity
limit
for
dangerous
substance ()

nflammable

200

Inflammable liquids which are available in commodity-raw material


50000
store houses and markets
Inflammable substances used in a technological process or
200
transported by the main pipelines
Toxic agents

200

Super toxic agents

20

Oxidized substances

200

Explosives

50

Radioactive substances and means

50

The substances representing danger to environment

200

Note 1. Table 2 is applied to the dangerous substances which have been not specified in
table 1.
Note 2. If the distance between potentially dangerous objects is less than 500 meters
total dangerous substances is taken into account.
Note 3. If several types of dangerous substances belonging to the same category are
used their total quantity limit is defined as follows:

Where: m (i) - quantity of applied substance;


M (i) - quantity limit of substance for all i from 1 to n.

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