Need for insurance

The need for this type of insurance was realized after several major accidents at production facilities, as a result of which great damage was caused 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 (Eng. 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 such accidents was the introduction of compulsory liability insurance for enterprises - 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 Caused by an Accident at a Hazardous Facility” came into force, which defines new insurance conditions for hazardous facilities.

What are hazardous production facilities

Hazardous objects are those objects, an accident on which can 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 causing harm as a result of 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, as well as hazardous to the environment) are obtained, used, processed, formed, stored, transported, destroyed, including filling stations with refueling with liquefied hydrocarbon gases and (or) liquid motor fuel; b) equipment is used that operates under a pressure of more than 0.07 megapascal or at a water heating temperature of more than 115 degrees Celsius; c) permanently installed load-lifting mechanisms, escalators (including elevators and escalators in apartment buildings, as well as at trade facilities, public catering, administrative institutions and other facilities related to ensuring the life 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, mineral processing, and work in underground conditions are underway;
2. Hydraulic structures - dams, buildings of hydroelectric power plants, spillways, water outlets and water outlets, tunnels, canals, pumping stations, shipping locks, ship lifts, structures designed to protect against floods and destruction of the banks of reservoirs, banks and bottom of river channels, structures (dams), fencing storage facilities for liquid waste of industrial and agricultural organizations, anti-washout devices on canals and other structures designed to use water resources and prevent the negative impact of water and liquid waste.

Organization of insurance

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

By agreement of the parties, the sums insured may be increased. The size of the tariff rate is from 0.1 to 0.5% of the liability limit.

See also

Notes

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

Necessity

It is important to understand that a huge number of hazardous enterprises operate in the country (more than three hundred thousand), warehouses with chemicals, oil pipelines and other facilities operate, any of which may have an unforeseen situation with a negative outcome. What will result in their scale of consequences is not known.

The need for this type of insurance appeared precisely after the occurrence of a number of major accidents, as a result of which serious damage was caused to people and nature. Therefore, at the moment (starting from 2012), persons owning hazardous facilities are required to insure against the possibility of causing harm to strangers, the environment and the country as a whole. All the nuances about this are prescribed by law.

The issuance of such a policy allows the insured to claim monetary compensation covering the costs of treatment, burial, property compensation many times greater than his real monetary capabilities.

Peculiarities

The policy for hazardous production facilities is issued by enterprises of various forms of ownership and orientation:

• commercial organizations;
• state enterprises;
• municipal facilities;
• firms engaged in the operation of elevators in residential premises.

The responsibility of the owners of hazardous facilities is determined on the basis of the extent 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 of the OPO. 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;
• causing damage to property - from two hundred to six hundred thousand rubles.

The law on compulsory HIF insurance 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 atomic energy.
3. Damage to air, water, nature.
4. An accident due to a terrorist act.
5. An emergency at the enterprise due to a strike and other illegal actions of employees.
6. The beginning of hostilities, exposure to radiation exposure 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 territorially located within the borders of the Russian Federation. They must be included in the register in accordance with the laws on the safety of hydraulic structures and industrial facilities. HIF insurance group of the 4th hazard class includes enterprises, mechanisms, structures that can lead to an accident, injury to people, deprivation of their life.

HPOs include those in which:

• store, operate, create, transport substances of increased danger (combustible, flammable, explosive, toxic, hazardous to nature);
• gas stations filling transport with liquefied gas, gasoline and diesel fuel;
• under high pressure at high temperature, mechanisms and automatic machines work (pressure is not less than seven hundredths of a megapascal, temperature is 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 on the extraction of minerals, in the mountains, underground;
• there are structures that work with water and protect against its negative impact (dams, dams, canals, hydroelectric power stations, ship lifts, etc.).

Responsibility for compulsory HIF insurance

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

In case of deviation from the law and not taking out insurance, the owners of these objects are punished, and the penalties are quite serious. The state collects an administrative fine of about twenty thousand rubles from officials, and from legal entities - in the region of five hundred hundred thousand rubles. The sum insured collected without grounds is liquidated into the treasury.

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 the victims as a result of a man-made disaster.

Man-made disasters of the late twentieth century led to mass deaths of people. 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 accidents at work.

What are the basic principles of HIF insurance?

The list of industries recognized as hazardous and the rules for 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 (HPO) is mandatory.

The object of insurance is the liability of owners of hazardous production to persons who have been harmed as a result of a man-made disaster. Physical, property and environmental damage is considered as damage.

What structures are recognized as hazardous production facilities?

The list of HPOs in the federal law of 2012 is exhaustive. Those productions are envisaged that, in the event of a failure, can cause significant property, physical or environmental damage.

Enterprises classified as hazardous industries are entitled to carry out production activities only if they have an insurance policy. The absence of a policy is an obstacle to obtaining a license for the activities carried out and the basis for the application of financial sanctions.

List of enterprises classified as hazardous industries:

1. Production facilities:

• HIFs that use, process, store, transport or destroy hazardous substances such as:
• combustible, flammable or oxidizing;
• toxic and highly toxic;
• explosive;
• dangerous for the environment.
• HIFs using equipment operating at a pressure of 0.07 MPa and above, or at an operating water temperature of over 115 °C;
• HIFs using stationary lifting mechanisms, funiculars, escalators, cable cars and elevators in apartment buildings, catering facilities, trade, office buildings and other facilities that ensure the life of citizens;
• HIFs, on which, as a result of the production process, metal melts (ferrous and non-ferrous) and alloys based on them are obtained;
• HPFs carrying out underground work, mineral processing and other mining operations.

Various hydraulic structures:

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

Filling stations that sell liquid motor fuel.

Lifting mechanisms (escalators, elevators, etc.).

Special HIF insurance conditions apply to state property financed from the budget, as well as to elevators and escalators installed in apartment buildings.

Why is mandatory insurance of hazardous industries introduced?

Compulsory insurance of 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 handling hazardous substances were serious and long lasting.

In 1984, an accident occurred in India (Bhopal) at the American Union Carbide plant. On December 3, 1984, about three thousand people died, in subsequent years - about 15 thousand more. 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 insurance of 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 Causing Harm as a Result of an Accident at a Hazardous Facility”, in force since January 1, 2012, obliges all HIF owners 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 companies 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 sum insured is assigned. If the number of victims is less than 10 people, the insurance 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 sum insured is determined by the type of HIF:

• oil refining, petrochemical and chemical industries - 50 million rubles;
• gas supply facilities, gas consumption and gas networks - 25 million rubles;
• other hazardous production facilities - 10 million rubles.

How is HPF insurance provided?

To obtain insurance, the owner of a hazardous production has the right to apply to an insurance company of his choice.

The amount of insurance compensation is determined as a result of the 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 HIF with the insurance company.

1. Conduct 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 (possession): contract of sale, inventory card, waybills with payment orders, etc.;
• documents characterizing the object (attachment to the accounting card);
• record card of a hazardous production facility;
• certificate of registration of a hazardous object;
• UB form;
• MVCP form;
• statement;

Sign a contract and get a policy.

What is the object of HPO insurance?

The object of insurance for hazardous production is the liability of the owner resulting from an accident. Only the risk of the insured in favor of third parties is subject to insurance.

Civil law regulates that the owner of a hazardous production bears full 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 HIF the opportunity to pay damages to the victims, and the victims the opportunity to receive compensation.

The insurance company checks compliance with the company that concluded the insurance contract, safety standards.

A license to conclude an HIF insurance contract is obtained only by large companies that can provide compensation for damage on a large scale. There are less than a hundred such large firms on the insurance market.

What damage is compensated by the insurance company?

Upon the occurrence of the event provided for by the insurance policy (an accident that caused harm to human health, property or environmental damage) the insurance company from its own funds makes the following payments to the victims:

• the costs of eliminating the consequences of a man-made disaster;
• the costs of reducing losses from an accident, if such actions were carried out as a result of the instructions of the insurance company;
• the costs of investigating the causes of the accident and identifying the perpetrators;
• the cost of saving the life and property of victims of the accident;
• the costs of conducting cases on compensation for damage caused by an industrial accident in court and arbitration.

As practice shows, even at those enterprises where all safety requirements are conscientiously met, 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 HIF owner, but also to receive full compensation for the victims of the disaster.

What damage is not covered by the insurance company?

Hazardous production insurance rules provide for a number of situations when payments are not made, since they are not provided for by the legislation on HIF insurance.

Insurance cases do not include:

• disposal of a hazardous object from the possession of the insured through the fault of third parties;
• natural disasters;
• popular unrest, civil war, strike;
• terrorist act;
• war;
• nuclear explosion and radioactive contamination;
• intentional actions of the beneficiary (injured) or the owner of the HPF.

In the latter case, the insurance company pays compensation if the damage is caused to the life and health of a third party through the fault of the insured.

Summing up

From January 1, 2012, owners of hazardous industries are required to conclude an insurance contract in the event of an accident that resulted in the death of people, harm to the health of citizens, property or environmental damage.

HIFs include industries that work with hazardous substances, at high pressures, with high-temperature water, gas stations, hydraulic structures, underground industries, facilities that operate elevators, cable cars, escalators, etc.

In the event of a man-made disaster, compensation to the victims is paid by the insurance company.

The HIF insurance rate and the maximum amount of compensation depend on the nature of the production and the amount of potential damage, which is determined by the expertise.

To conclude an insurance contract, the HIF owner applies to the insurance company of his choice, fills out an application and provides a package of documents. After an examination to assess the amount of potential damage, an HIF insurance contract is concluded.

Video about insurance of dangerous objects

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One Comment

Fukushima immediately comes to mind. Here it becomes clear why insurance of such objects is mandatory. I am sure that insurance companies do not like such clients too much, because, in the event of some kind of environmental disaster, the payouts will be enormous. On the other hand, a dangerous object is not necessarily some "nuclear reactor". The tunnel can also be like this.

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

Definition

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

Compulsory HIF 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.

Relevant laws regulate insurance rates for each hazardous production facility, and also make it dependent on insurance for the entry of a hazardous production facility into the state register and obtaining a license to operate it.

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

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

Need for insurance

After the conclusion of the 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 having danger of 1 or 2 class;
• 1 time in 3 years- for objects with hazard class 3.

Assignment of the hazard class 4 to an object exempts it from mandatory HIF insurance. But design may be offered.

Compulsory insurance contracts are subject to enterprises with any direction of activity and form of ownership. Compensation amounts are clearly differentiated according to the size and type of damage caused.

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

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

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

List of objects for HPF

A prerequisite for the inclusion of objects in the list of HIFs is the condition of their territorial location within the country. The OPs include:

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

Insurance risks

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

The same applies to the case.

Responsibility for HPF

The implementation of activities at any HIF facility is allowed only after its registration in the state register and, accordingly, the conclusion of an insurance contract in favor of third parties. Insurance is mandatory, otherwise HIF owners are subject to fines imposed by law:

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

HIF insurance rates are determined by law and are the same for insurance companies. Compulsory insurance contracts are concluded in the approved form for a period of at least 1 year.

Legislation regulation

The latest changes to the legislation on compulsory insurance were introduced by the Federal Law of 01.01.2012. According to this law:

• A unified basic scale of tariff rates has been established, the amount of which directly depends on the HIF hazard class and its type;
• The insurance contract is drawn up separately for each HPF, payments under the contract are deducted to the cost;
• The contract provides for the protection of third parties, as well as employees of the insured itself;
• There is compensation for the harm received by each victim;
• Limits are stipulated for compensation of various types of damage in relation to one victim: 2 million - damage to life and health, 200 thousand - violation 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 HIF insurance contract, it is necessary to provide the following documents:

• Statement;
• A document certifying the object's relation to especially dangerous(certificate of registration or identification conclusion);
• Confirmation of the insured's ownership of HIFs;
• Documented information on the statistics of insurance events that have occurred;
• Information characterizing the HPF and its accounting card;
• If available, a declaration of industrial safety.

The essential conditions of the insurance contract can be viewed.

Video

Key points in HIF insurance according to the Deputy General Director of the insurance company "Consent":

conclusions

The relevance of compulsory HIF insurance is growing every year, as there is an increase in the number of enterprises and organizations falling under the list of HIFs, as well as their consolidation. In this regard, production risks increase, which can harm the people working there as a result of unforeseen circumstances.

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

Read what the SRO collective agreement implies.