Rules for compulsory insurance of owners of dangerous objects. Mandatory insurance of hazardous production facilities (HIF). What damage is not compensated by the insurance company?

Accidents at enterprises operating hazardous facilities can have serious consequences, and major accidents can cause harm to a large number of not only the population, but also the employees of the enterprise itself.

In the event of large-scale man-made disasters, the number of victims can reach several thousand people.

Almost any enterprise operating hazardous facilities, especially large industrial enterprises, mining and resource supply, is at risk of accidents with serious consequences.

For these reasons, the safety requirements for enterprises that operate hazardous facilities, and the safety requirements for enterprises that operate hydraulic structures, are strictly regulated by a number of regulations and legislation of the Russian Federation, in particular the Federal Law of July 21, 1997 No. 116-FZ "" and the Federal Law of July 21, 1997 No. 117-FZ "".

Since 01/01/2012, organizations operating hazardous facilities are required to insure their liability in accordance with the requirements 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.”
Attention! Operation of a dangerous object is not permitted if the owner of the dangerous object fails to fulfill his insurance obligations.

Legal entities and (or) individual entrepreneurs, who are the owners (operators) of a hazardous facility, are obliged, under the conditions and in the manner established by the legislation of the Russian Federation, at their own expense to insure, as an insured, property interests associated with the obligation to compensate for the harm caused to the victim by concluding an OSHA agreement with the insurer during the entire service life of a hazardous facility.

On April 1, 2012, Art. 5 of Federal Law No. 226-FZ on financial sanctions for non-compliance with the requirements of the legislation of the Russian Federation on industrial safety of hazardous production facilities, safety of hydraulic structures and compulsory insurance.

According to the provisions of the Code of Administrative Offenses:

A) sanctions for non-compliance with compulsory insurance requirements.

Art. 9.19 Code of Administrative Offences. Operation of a hazardous facility, with the exception of commissioning of a hazardous facility, in the absence of a compulsory insurance agreement civil liability the owner of a dangerous facility for causing harm as a result of an accident at a dangerous facility is subject to the imposition of an administrative fine on officials - from 15,000 rubles. up to 20,000 rubles, for legal entities - from 300,000 rubles. up to 500,000 rub.

B) sanctions for violations of industrial safety and hydraulic structures safety requirements.

Clause 1 of Article 9.1 of the Administrative Code. Violation of industrial safety requirements or the conditions of licenses for carrying out activities in the field of industrial safety of hazardous production facilities shall entail the imposition of an administrative fine on citizens in the amount of 2,000 rubles. up to 3,000 rubles; for officials - from 20,000 rubles. up to 30,000 rub. or disqualification for a period of 6 months to 1 year; for legal entities - from 200,000 rubles. up to 300,000 rub. or administrative suspension of activities for up to 90 days.

Art. 9.2 Code of Administrative Offences. Violation of safety norms and rules during the design, construction, acceptance, commissioning, operation, repair, reconstruction, conservation or decommissioning of a hydraulic structure entails the imposition of an administrative fine on citizens in the amount of 1,000 rubles. up to 1,500 rubles; for officials - from 2,000 rubles. up to 3,000 rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from 2,000 rubles. up to 3,000 rub. or administrative suspension of activities for up to 90 days; for legal entities - from 20,000 rubles. up to 30,000 rub. or administrative suspension of activities for up to 90 days.

An insurer engaged in compulsory insurance of civil liability of the owner of a hazardous facility for harm resulting from an accident at a hazardous facility must have a license to carry out compulsory insurance of civil liability of the owner of a hazardous facility for harm resulting from an accident at a hazardous facility and be a member of a professional association of insurers, acting on the basis of the Federal Law of July 27, 2010 N 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.”

PJSC IC "Rosgosstrakh" has a license to carry out compulsory insurance of civil liability of the owner of a hazardous facility for damage caused by an accident at a hazardous facility OS No. 0001 - 04, issued Central Bank Russian Federation (Bank of Russia) on May 23, 2016 and is a member of the National Union of Liability Insurers (NULI) -.

Rosgosstrakh offers liability insurance
owners of hazardous facilities.

Call us toll free 8-800-200-0-900 (for calls from a landline throughout Russia) - we are ready to answer all questions and promptly draw up a civil liability insurance contract for the owner of a dangerous facility for damage caused by an accident at a hazardous facility in accordance with the requirements of the legislation of the Russian Federation.

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

Enterprises take out a policy for hazardous production facilities different forms 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 objects 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 many 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. Collected without reason sum insured liquidated into the treasury.

On one of the forums dedicated to insurance issues, a question was posted: “I am a modest entrepreneur, I have a small gas station. When I say that it is “small”, it means that it is very small! I only have one fuel dispenser, and the fuel storage is a one and a half ton container dug into the sand.

Why should I pay for compulsory insurance of hazardous production facilities (OSOPO), if in my case regular insurance is enough? The question sparked a lively discussion, highlighting the importance of the problem of compulsory health insurance among a certain segment of the population. In our article we will understand what OSOPO is, why it is needed and what its features are.

Content:

What are “Hazardous Production Facilities”?

HPFs are facilities where there is a possibility of an emergency situation causing harm to the health and life of third parties. The list of hazardous facilities is regulated by Federal Law of the Russian Federation No. 255 “On compulsory insurance of civil liability of the owner of a hazardous facility for causing harm as a result of an accident at a hazardous facility.” The text of the law can be found

We present this list in a slightly optimized form for ease of reading:

1. Warehouses, special closed and open storage facilities in which hazardous substances (HS) are stored.
2. Enterprises where hazardous substances are used, processed and transported (gas stations, fuel depots, oil storage facilities).
3. Enterprises where chemical agents are manufactured from non-hazardous components.
4. The premises of a production facility will be recognized as a hazardous production facility if it:

• Equipment operating at high pressure (more than 0.07 megapascal) is used.
• The production cycle uses highly heated liquids, gases, metals - more than 115 °C.
• Dangerous machinery and equipment are used in production transport routes(a regular elevator in an apartment building is considered a dangerous mechanism).
• The work cycle of the facility involves underground work, as well as work at high altitudes.
• Hydraulic engineering structures (dams, dikes, locks, berths, ship lifts).

Attention! 1) Hazardous substance - a material that can easily ignite, explode, has poisonous properties, is toxic when burned, is dangerous for environment. 2) An important indicator of the “danger” of a production mechanism will be the assessment of its suitability given by a specialist expert.

What determines the need for compulsory HIF insurance?

To understand the need for compulsory insurance of hazardous production facilities, you should familiarize yourself with the historical reasons for the emergence of this type of insurance.

On December 3, back in 1984, a large-scale accident occurred at the American plant of the Union Carbide company in the Indian city of Bhopal. A series of explosions occurred, after which fires started. In the first hours of the tragedy alone, thousands of people died - the total number of deaths was 18-22 thousand according to sources from American news agencies and 27 thousand according to Indian newsmakers.

These figures include workers who died from injuries, burns, and poisoning in the days following the disaster. The total number of people affected by the accident - dead and survivors, workers and city residents - amounted to more than 600 thousand. Such a significant number of victims made the Indian accident the largest man-made disaster of the twentieth century.

The Indian government's pressure on representatives of American industrial companies led to the emergence of a new type of insurance, which quickly spread throughout the world. Russian Federation from 1997 to 2010, it created all the necessary legal grounds for the full operation of this type of insurance in our country. The legislative framework is constantly updated and improved, creating conditions for interaction that are convenient for the Insurer and the Policyholder.

Features of HPO insurance

In this part of our article, we will look at the rules for concluding and terminating the “OSOPA Agreement”, what the “Insured Sum” is and how “Insurance Payments” are formed.

OSOPO Agreement

The main feature of the OSOPO agreement is its non-binding nature as a document. The contract plays a secondary role. Of primary importance is the insurance policy, which is issued to the Insured on the basis of an application written by him.

Regarding what type of dangerous object is insured, the Policyholder must provide the Insurer with a certain set of documents. For convenience, we display the list of required documents using a table:

Important! 1) The application and the insurance policy are integral parts of each other, they cannot be considered separately, they are a common part of a single document. 2) The OSOPO agreement can be concluded before the registration of the OPO by the Rostechnadzor authorities. 3) The list of required documents may vary depending on the regulations adopted by a particular Insurance Company (IC).

Features related to the conclusion, amendment and termination of a FOSO agreement

When concluding a FOSO agreement, it is important to take into account the following possible actions of the insurance company:

• Compulsory insurance hazardous objects involves the actions of the insurance company aimed at assessing the insurance risk. Risk analysis can be carried out by the insurance company on its own or with the help of specialists specially engaged for this purpose. External experts must be employed by a special state or private company. The opinion of an “independent” expert working independently will not have legal significance.
• The insurance company has the right to demand from the Insured, Rostechnadzor or other supervisory authority information about the operation of the production facility.

When amending the OSOPO agreement, you need to know the following nuances:

• In the event of a serious change in conditions affecting the significance of the insurance risk, the Policyholder is obliged to notify the Insurer about this. This clause is mandatory for all insurance policies of this kind. This nuance should be understood both ways - the degree of insurance risk has increased, the degree of insurance risk has decreased. So, for example, if there is a threat of collapse at the mine, this will be considered an increased risk; if the mine was carried out major renovation– this will be considered a risk reduction.
• Actions related to the conditions of changes in insurance risks affect the amount of the insurance premium.

In most cases, termination of the FOSO agreement is carried out by the insurance company if the following conditions are met:

• At the initiative of the Policyholder. Termination of the contract in such cases is possible in the absence of claims by the Insurer against the Insured.
• At the initiative of the Insurer. The most common reason for such actions is late insurance payments. The criticality of the overdue period depends on the specific insurance system.
• By agreement of the parties.
• Termination of existence of the Policyholder (liquidation - for a legal entity, death - for an individual). This provision will not necessarily lead to the termination of the contract. In cases where the new owner manages to notify the insurance company of its existence within a critical period, the contract can be continued. Naturally, the contract itself will be changed.
• A radical change in the status of the insured object. Insurance of hazardous production facilities loses its necessity if the insured facility is recognized as “non-hazardous”. This legal status is typical for closed or mothballed enterprises.

Sum insured

The insured amount is calculated in relation to the rules established on December 28, 2016 by Bank of Russia Regulation No. 574-P -

The amount of the insured amount depends on the number of injured people. The minimum is 10 million rubles, the maximum is 6.5 billion rubles. The law specifically stipulates the insurance amount intended for injured coal industry workers. In more detail -

Important! Payment insurance premium It is considered by many ICs from the moment it is received into the company’s account, and not from the moment the banking transaction begins.

Insured event

The actions of the Policyholder during the occurrence of an insured event may vary depending on the terms of the contract, but mainly they should be as follows:

• Every effort must be made to prevent an accident. It is impossible for an insured event to ripen like an egg in an incubator - the conditions that contribute to the occurrence of an emergency situation must be eliminated in a timely manner.
• If third parties (not employees of the enterprise) were injured as a result of the accident, then the owner of the hazardous production facility is obliged to provide them with information about the Insurer (contact details).
• The policyholder is obliged to provide the Insurer with all information about the nature of the insured event: the time of the accident, the causes of the accident, the number of victims, possible damage to property.

Pool of Insurers

There are a certain number of Insurers who are entitled to HIF insurance. All of them are members of the NUSO (National Union of Liability Insurers) and have significant capitalization. The ten largest insurance companies as of 2014 are below in the table:

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).

In this article we will provide an overview of the key provisions of the new OOOPO rules and comment on some of them.

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 appearance throughout the entire territory of the Russian Federation.

In accordance with clause 1.1. Chapter 1 of Bank of Russia Regulations dated December 28, 2016 N 574-P, 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 dangerous 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).
Pay attention! 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 obliged 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 appointed examination, including providing access to dangerous object, submit 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).

Payment of the insurance premium is carried out in cash (to the cash desk) or by bank transfer (according to the issued invoice).

Please note! The obligation to pay the insurance premium (the next insurance premium) is considered fulfilled from the date of receipt cash to a bank account or to the cash desk of an 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).

Please 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 period of validity of the policy. 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 reverse side previously issued insurance policy.

The changes made are certified by the signature of an authorized person of the insurer and a seal.

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 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 terminates at 24:00 local time last day 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).

The OSOPO agreement may be terminated (terminated) on the basis of written notice:

• 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.

Extension of the OSOPO agreement

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, submitting an Application and providing information about the object are not required (provided that the information specified earlier has not changed).

Insured event

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. Downsize possible harm from an 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.

3. If damage is caused to the victim’s property:

• 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.

4. Submit to the insurer a statement about the occurrence of an insured event, which indicates:

• 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.

5. Immediately provide victims with information about the insurer (name, address, hours of operation and telephone numbers).

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 very general view(clause 2.4) in order to receive 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).

After receiving the application and the above information, the insurer registers them in the register of losses under OSOPO contracts and sends (transmits) to the victim confirmation that he has received the required package of documents.

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.

If the above actions are not followed, the insurer may raise objections to claims for insurance payment (up to and including refusal to pay).

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
Please 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 insurer's obligation to make an insurance payment is considered fulfilled on the day the funds are received in the victim's bank account or on the day the funds are paid from the insurance company's cash desk.

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.

The insurer may compensate the owner of a dangerous object for the costs of reducing losses (harm) from an accident (even if the appropriate measures were unsuccessful) that led to the occurrence of the insured event, if such costs were necessary or were incurred to carry out the instructions of the insurer. To do this, the policyholder must present documents confirming actions to reduce harm and the amount of expenses.

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.

Please 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 (Rostechnadzor, Ministry of Emergency Situations, etc.);
• intentional actions (inaction) 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:

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;
• HPFs using 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 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 assigned.

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 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;
• popular 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

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One Comment

Fukushima immediately comes to mind. Here it becomes clear why insurance of such objects is mandatory. I'm sure that insurance companies They 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.