Owners of hazardous production sites and enterprises are obliged to protect their property interests through insurance. In the event of an emergency at production facilities, the damage caused to the victims will be compensated by the insurance company.

Necessity

It is important to understand that there are a huge number of dangerous enterprises operating in the country (more than three hundred thousand), there are warehouses with chemicals, oil pipelines and other facilities, at any of which an unforeseen situation with a negative outcome can occur. It is not known what the scale of their consequences will be.

The need for this type of insurance arose precisely after a number of major accidents occurred, as a result of which serious damage was caused to people and nature. Therefore, at the moment (since 2012), persons who own dangerous objects are required to insure against the possibility of harm to strangers, the environment and the country as a whole. All the nuances about this are prescribed by law.

Registration of such a policy allows the insured to claim monetary compensation covering the costs of treatment, burial, and compensation for property many times greater than his actual financial capabilities.

Peculiarities

Policies for hazardous production facilities are issued by enterprises of different forms of ownership and focus:

• commercial organizations;
• state-owned enterprises;
• municipal facilities;
• companies involved in the operation of elevators in residential premises.

The liability of owners of hazardous facilities is determined based on the exact amount of damage that can be caused. The dependence here is directly proportional: the more people can suffer, the more serious the cost of the policy will be.

It is important to understand that monetary compensation in the event of an accident is several times greater than the money contributed by the insured person.

There are certain rules and restrictions on public benefit organizations. The compensation amount is clearly limited:

• death of the injured person – two million rubles;
• causing harm to health - from sixty thousand to nine hundred rubles, depending on the violation of the general condition and functioning of the body;
• damage to property – from two hundred to six hundred thousand rubles.

The law on compulsory insurance of hazardous production facilities does not work in the following cases:

1. The occurrence of an insured event outside the country.
2. Technogenic accidents at stations and enterprises using nuclear energy.
3. Harm to air, water, nature.
4. Accident due to a terrorist attack.
5. An emergency at an enterprise due to a strike or other illegal actions of employees.
6. The outbreak of hostilities, exposure to radiation or atomic explosions.

Only certain licensed companies have the right to bear responsibility for compensation for damage in the event of an insured event.

List of hazardous production facilities

Dangerous objects are considered to be those that are geographically located within the borders of the Russian Federation. They must be included in the register in accordance with laws on the safety of hydraulic structures and industrial facilities. The hazard class 4 hazardous industrial insurance group includes enterprises, mechanisms, structures that can lead to an accident, causing injury to people, or depriving them of their lives.

HPFs include those where:

• store, operate, create, transport highly dangerous substances (combustible, flammable, explosive, toxic, hazardous to nature);
• Gas stations that fill vehicles with liquefied gas, gasoline and diesel fuel;
• mechanisms and automatic machines operate under high pressure at high temperatures (pressure of at least seven hundredths of a megapascal, temperature above one hundred and fifteen degrees Celsius);
• Fixed mechanisms for lifting loads, elevators, escalators, funiculars, cable cars are used;
• melt ferrous and non-ferrous metals, create alloys based on them;
• carry out work to extract minerals, in the mountains, underground;
• there are structures that work with water and protect from its negative effects (dams, dikes, canals, hydroelectric power stations, ship lifts, etc.).

Liability for compulsory hazardous production insurance

Individuals and companies that own hazardous production facilities are required to insure them. An uninsured object may not be operated until a policy has been issued for it.

In case of deviation from the law and failure to obtain insurance, the owners of these objects are punished, and the penalties are quite serious. The state charges an administrative fine of about twenty thousand rubles from officials, and about five hundred thousand rubles from legal entities. The insurance amount collected without reason is liquidated into the treasury.

The need to insure hazardous production facilities (HIF) arose with the development of industry, the increase in production capacity and the increase in the danger of their operation. As a result of several major accidents, which caused the death of a huge number of people (several thousand) and significant material damage, compulsory HPF insurance was introduced.

Definition

Dangerous objects are those objects where an accident can cause harm to the life or health of third parties (not the insurer and the policyholder), as well as disrupt their livelihoods. Possible insurance risks, according to Law No. 225 F3, do not include possible damage to the environment. Therefore it refers to .

Compulsory HPF insurance is a form of redistributive financial relations, the result of which is the creation of cash reserves intended to compensate for damage in unforeseen circumstances.

The relevant laws regulate insurance rates for each hazardous facility, and also make the inclusion of the hazardous facility in the state register and obtaining a license for its operation dependent on insurance.

Also read about insurance of construction and installation risks and civil liability of builders.

an enterprise or other owner can build a hazardous production facility, but does not have the right to operate it without compulsory insurance.

Need for insurance

After concluding a contract, the insurance company constantly monitors compliance with safety standards. The frequency of inspections depends on the hazard class of the object:

• 1 time per year– for objects with hazard class 1 or 2;
• Once every 3 years– for objects with hazard class 3.

Assigning hazard class 4 to an object exempts it from compulsory hazardous production insurance. But design may be offered.

Enterprises with any type of activity and form of ownership are subject to a compulsory insurance contract. Compensation amounts are clearly differentiated according to the size and type of damage caused.

There are no consequences for compulsory HPF insurance under the following circumstances:

1. The insured event occurred outside the country.
2. Man-made accidents at enterprises and stations using nuclear energy.
3. Causing damage to the environment (nature, water, air).
4. Consequences of a terrorist attack.
5. An emergency incident that occurs as a result of a strike or other illegal actions of employees.
6. Consequences of an atomic explosion, radiation exposure, military action.

Responsibility for damages in the event of an insurance risk is imposed only on certain licensed companies.

List of objects for hazardous production organizations

A prerequisite for inclusion of objects in the list of hazardous production facilities is the condition of their territorial location within the country. The PPOs include:

A common practice is. This type does not fall under the definition of a hazardous production facility, but ensures the quality of work performed in the design and construction of buildings. Can be performed within large enterprises.

Insurance risks

HPF insurance implies the possibility of compensation for civil liability risks. Such risks are associated with claims by legal entities or individuals regarding harm caused to them by a source of increased danger. The owner of such a source (individual or legal entity), when concluding an insurance contract for a hazardous production facility, shifts its responsibility to the insurer, i.e., in the event of possible damage, third parties have the right to count on payment of the amounts specified in the contract for each specific case.

The same applies in the case of .

Responsibility for hazardous production

Carrying out activities at any HIF facility is permitted only after its registration in the state register and, accordingly, the conclusion of an insurance agreement in favor of third parties. Insurance is mandatory, otherwise the owners of hazardous production facilities are subject to the imposition of fines by law:

• For officials - up to 20,000 rubles. :
• For legal entities – up to 500,000 rubles.

Tariffs for insurance of hazardous production facilities are determined by law and are uniform for insurance companies. Compulsory insurance contracts are concluded in an approved form for a period of at least 1 year.

Regulation by law

The latest changes to the legislation on compulsory insurance were introduced by the Federal Law of January 1, 2012. According to this law:

• A single basic scale of tariff rates has been established, the size of which directly depends on the hazard class of the hazardous facility and its type;
• The insurance contract is drawn up separately for each HPO, payments under the contract are deducted from the cost price;
• The contract provides protection for third parties, as well as employees of the policyholder;
• There is compensation for the harm received by each victim;
• Limits for compensation for various types of damage in relation to one victim are stipulated: 2 million - damage to life and health, 200 thousand - disruption of life, 360 thousand - damage to property of individuals, 500 thousand - property damage to legal entities.

Determination of insurance rates, sum insured and insurance premium depends on:

• Object type;
• Insurance rate coefficient for various types of insurance(“fire”, mass, etc.);
• Type of insurance risk (accident, incident).

When concluding a compulsory HPF insurance contract, you must provide the following documents:

• Statement;
• A document certifying that an object is considered especially dangerous(registration certificate or identification certificate);
• Confirmation of the policyholder's ownership of the hazardous production facility;
• Documented information on the statistics of insured events that have occurred;
• Information characterizing the hazardous production facility and its accounting map;
• If available, an industrial safety declaration.

The essential terms and conditions of the insurance contract can be viewed.

Video

Key points in the insurance of hazardous production facilities according to the Deputy General Director of the Soglasie insurance company:

Conclusions

The relevance of compulsory HPF insurance is growing every year, as the number of enterprises and organizations falling under the list of HPFs is increasing, as well as their consolidation. In this regard, production risks increase, which can cause harm to persons working there as a result of unforeseen circumstances.

And although there is no upward trend in this sector of insurance activity, the execution of an insurance contract for hazardous production facilities is still a prerequisite for its commissioning.

Read what the SRO collective agreement implies.

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 (HPF) is mandatory.

The object of insurance is the liability of owners of hazardous production to persons who are harmed 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:

1. Production facilities:

• HIFs that in the production process use, process, store, transport or destroy hazardous substances such 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;
• HIFs carrying out underground work, mineral processing and other mining operations.

Various hydraulic structures:

• hydroelectric power station buildings;
• dams;
• channels;
• tunnels;
• water inlet/outlet and spillway structures;
• ship lifts;
• shipping locks;
• dams, etc.

Gas stations that sell liquid motor fuel.

Load-lifting mechanisms (escalators, elevators, 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 probable 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.

1. Carry out an examination to assess the degree of potential danger of the object;
2. 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;

Conclude an agreement and receive a policy.

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 enter into a hazardous production 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 carried out 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

Since 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

Read more:

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.

Need for insurance

The need for this type of insurance was realized after several major accidents at production facilities, which resulted in great damage to third parties and the environment. An example of such an accident is the accident that occurred on December 3, 1984 in the Indian city of Bhopal at the enterprises of the American company Union Carbide. Union Carbide), and resulted in the death of at least 18 thousand people, of which 3 thousand died directly on the day of the tragedy, and 15 thousand in subsequent years. According to various sources, the total number of victims is estimated at 150-600 thousand people. These figures give reason to consider the Bhopal tragedy the world's largest man-made disaster in terms of the number of victims.

One of the consequences of this type of accident was the introduction of compulsory liability insurance for enterprises that are sources of increased danger, or so-called hazardous production facilities. In the Russian Federation, until December 31, 2011, insurance of hazardous facilities is carried out in accordance with the requirements of Federal Law No. 116-FZ “On Industrial Safety” and 117-FZ “On the Safety of Hydraulic Structures”. On January 1, 2012, Federal Law No. 225-FZ “On compulsory insurance of civil liability of the owner of a hazardous facility for damage resulting from an accident at a hazardous facility” came into force, which defines new insurance conditions for hazardous facilities.

What are hazardous production facilities

Dangerous objects are those objects where an accident could lead to harm to health, life or disruption of the life of third parties. In accordance with the Federal Law of the Russian Federation No. 225-FZ “On compulsory insurance of civil liability of the owner of a hazardous facility for damage caused by an accident at a hazardous facility” (OPO), such enterprises include:

1. Hazardous production facilities where: a) hazardous substances (flammable, oxidizing, combustible, explosive, toxic, highly toxic, and also hazardous to the environment) are produced, used, processed, generated, stored, transported, destroyed gas stations with liquefied hydrocarbon gases and (or) liquid motor fuel; b) equipment is used that operates under a pressure of more than 0.07 megapascals or at a water heating temperature of more than 115 degrees Celsius; c) permanently installed lifting mechanisms, escalators (including elevators and escalators in apartment buildings, as well as at retail facilities, public catering facilities, administrative institutions and other facilities related to the livelihoods of citizens), cable cars, funiculars are used; d) melts of ferrous and non-ferrous metals and alloys based on these melts are obtained; e) mining operations, mineral processing work, as well as underground work are being carried out;
2. Hydraulic structures - dams, hydroelectric power station buildings, spillways, drainage and water outlet structures, tunnels, canals, pumping stations, shipping locks, ship lifts, structures designed to protect against floods and destruction of the banks of reservoirs, banks and bottoms of river beds, structures (dams), enclosing storage facilities for liquid waste from industrial and agricultural organizations, devices against erosion on canals and other structures designed to use water resources and prevent the negative impact of water and liquid waste.

Insurance organization

If the development of an industrial safety declaration is not provided, then the insured amount is determined based on the following conditions:

By agreement of the parties, the insurance amounts may be increased. The tariff rate ranges from 0.1 to 0.5% of the liability limit.

See also

Notes

Wikimedia Foundation. 2010.

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Grounds for insurance

According to Art. 4 of the Federal Law of July 27, 2010 No. 225-FZ “On compulsory insurance of civil liability of the owner of a hazardous facility for damage caused by an accident at a hazardous facility,” an organization operating a hazardous production facility (HIF) is obliged to annually enter into a compulsory insurance agreement within the entire service life of the facility.

Also, the requirements for concluding a compulsory insurance agreement for the owner of a hazardous production facility are regulated by Federal Law No. 116-FZ of July 21, 1997 “On the Industrial Safety of Hazardous Production Facilities.”

Upon conclusion of the agreement, the owner of the hazardous production facility is issued insurance policy, which is valid for 1 year.

HPF insurance - this is the only way to effectively protect yourself from all sorts of negative consequences of accidents at facilities, the operation of which is associated with significant risks (this includes not only damage to the facility or its destruction, but also harm to third parties and the environment). The insurance policy is issued in the name of the owner of the hazardous production facility - the organization operating the hazardous production facility. It can be either an individual entrepreneur or a legal entity. The object of insurance is the property interests of the owner, which are associated with his obligation to compensate for the harm caused to the victim.

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 notifies the insurer in writing within 30 calendar days from the date of taking possession of the dangerous object.

Thanks to the fact that ICC "ExpertPro", being representative Insurance company "Ingosstrakh" , provides services for providing permits for the operation of hazardous production facilities (HIF) and consulting their owners, the Center’s specialists can provide a full range of services for the HIF owner’s compliance with industrial safety requirements.

The cost of the OPO insurance policy

The insurance premium under a compulsory insurance contract (policy cost) is determined as the product of the insured amount and the insurance tariff with the possibility of applying an additional reducing factor.

* Insurance amounts are determined by Art. 6 of the Federal Law of July 27, 2010 No. 225-FZ and are divided into payments for objects for which the development of an industrial safety declaration is required and is not required.

** Basic rates of insurance tariffs are approved by the Decree of the Government of the Russian Federation dated October 1, 2011 No. 808 “On approval of insurance tariffs for compulsory insurance of civil liability of the owner of a hazardous facility for harm caused by an accident at a hazardous facility, their structure and the procedure for application by insurers when calculating insurance awards."

Basic insurance rates

*** Possibility of using additional reduction factors to calculate the insurance premium (policy cost) under certain conditions established by Federal Law No. 225-FZ of July 27, 2010.

An example of calculating the cost of an insurance policy:

For hazardous production facilities of the third hazard class: the gas consumption network of the enterprise (boiler room).

Cost calculation without applying a reduction factor

Cost calculation using a reduction factor

Advantages of working with us:

• saving money, because we do not charge any additional fees for the provision of services, the cost of the Insurance Policy is calculated only according to the standards established at the legislative level,

• the possibility of using additional reducing factors when calculating the insurance premium,

• saving time, because to conclude a compulsory insurance contract, our specialists will come to you and help you fill out all the necessary documents, and then deliver the insurance policy at a time and place convenient for you,

• we can provide insurance of hazardous facilities as a package when providing services for the development of documents in the field of industrial safety,

• free consultations in the field of industrial safety during the operation of hazardous production facilities,

• representing the interests of the insured (the owner of the hazardous facility) in the insurance company, as well as consulting in the event of an insured event to pay the insured amount to victims for harm caused as a result of an accident at a dangerous facility*.

* In the event of an event that has signs of an insured event, we will advise the procedure and help draw up the necessary documents and applications for insurance payment to the victim.

Fines for lack of insurance

In accordance with Art. 9.19 of the Code of Administrative Offenses of the Russian Federation, operation of a dangerous facility, with the exception of the commissioning of a dangerous facility, in the absence of a compulsory insurance contract for civil liability of the owner of a dangerous facility for damage caused by an accident at a dangerous facility - entails the imposition of an administrative fine

• for officials in the amount of 15,000 to 20,000 rubles,
• for legal entities - from 300,000 to 500,000 rubles.