answers to questions about the electronic permit

Our previous post raised many questions. We were prepared for the fact that there would be comments on safety briefings, the issue of electronic signing of which we were considering and which could be controversial and controversial. However, they did not expect that people would question the legality and the very possibility of digital transformation of the attire system in Russia within the framework of existing laws. In this post we will try to answer in detail the questions that arose under the previous post. For questions @Regennon@qyix7z@red_dragon and others.

“Do I understand correctly that there is a desire to transfer ND completely to digital form?”

This is not an aspiration, but a fact. We created a cross-platform service and then turned it into a module for Directum RX. Technically, the system allows you to do everything without paper. Legally, the problem is solely with the instructions. For everything else, legally, there are no restrictions (at least for now).

“I see this – I took the phone out of my pocket or the tablet from my bag, unlocked it, took off my glove (if it has a capacitive screen) or took a stylus (you can use protected tablets), opened it and you’re already working with it. It's not very convenient, but it's livable. There is still a problem that the screen can be broken”

For us, the main measure is practice and customer requirements. Convenient for users. Yes, you have to take off your gloves here, but signing on paper while wearing gloves is also not a very convenient task, especially in dielectric ones.

“ES as confirmation of responsible persons: how will this happen? For example, it is necessary to carry out repair work in an electrical installation, first preparing the workplace. Next, the team is briefed at the prepared workplace. If the person admitting him has a printed ND form in his hands, then how can he give an ND to each member of the team? “

Everything except the briefing is signed by electronic signature, but target briefing, as I already wrote, at the moment can only be signed on paper, these are legal requirements and we cannot circumvent it. This process takes place after the END itself is signed by those responsible using an electronic signature. The legal basis is paragraph one of Article 6 of Federal Law 63-FZ

“Information in electronic form, signed with a qualified electronic signature, is recognized as an electronic document equivalent to a paper document signed with a handwritten signature, and can be used in any legal relationship in accordance with the legislation of the Russian Federation, except if federal laws or adopted in accordance with them regulatory legal acts establish a requirement for the need to draw up a document exclusively on paper.”

The only document that, in accordance with the law, requires exclusively paper and a handwritten signature is targeted training on occupational safety.

Now the sheet with the Target Instruction is printed at the work site from the application or in advance and signed with a “live” signature, then the person responsible for the work enters a scan or photograph of the signed target briefing into the system. At the same time, a paper copy of it is stored at the work site in the Journal of Targeted Instructions. If the legislation allowed signing the targeted instructions with an electronic signature, then the entire process could exist in digital form, without paper.

“If it’s a digital ID, then how is the ID stamped? Should every person have a CPU dongle? Doesn't sound very reliable”

There is no need for everyone responsible for the approval of the END to have a UKEP; it is enough only for the person who finalizes the approval of the END. The rest can use a simple electronic signature (PEP, login and password in the system), for this it is necessary to introduce or adjust local regulations on the use of the system for issuing electronic documents, which clearly states what action is equivalent to a handwritten signature when acting in the system. In practice, this did not cause problems, the norms of 63-FZ allow this, regulators do not object, and inspectors have no complaints.

“We will also have to adapt the rules in POTEE (is it still called that?) – if nothing has changed, then one ND remained with the permitter, one with the work manufacturer. Synchronization, of course, is done on an easy-to-use basis, but the concept of a paper copy will need to be removed from the rules. POTEE allows internal instructions that are superimposed on the POTEE itself, but only in terms of tightening.”

The POTEE norms nowhere contradict the norms of 63-FZ, which permits the use of electronic signatures, since they do not contain any mention of exactly how the ND should be signed. In order for POTEE to legally block the possibility of using electronic signatures and electronic registration of ND, it must contain the wording “handwritten signature” and specifically indicate that the document must be drawn up exclusively in paper form. In addition, POTEE directly allows for the transfer of permit orders in the form of an electronic document.

“I’m afraid that there will be a lot of problems on the path to digitalization due to the reluctance to change old approaches and the high risks for life in this area. As they said, “mpot(potee) is written in blood” and this is not an exaggeration. But it may be possible to break the back of the bureaucracy, the main thing is that it does not negatively affect security.”

There is no doubt that the rules are “written in blood,” and here we must understand that the document itself, whether it is in paper form or electronic, is not responsible for a person’s actions. To think that the method of issuing a permit and the ability to quickly approve it significantly affects safety is, in my opinion, a logical mistake. Only responsibility Each participant's experience and knowledge of the subject area can prevent incidents.

For our part, we eliminate the risks of errors when preparing RD, taking into account hazardous production factors, types of hazardous work and their intersection at sites. In other words, the risks are taken into account, the procedure is followed at all stages, and the fact that it goes faster does not affect safety in any way.

Paper documents will gradually go out of circulation; there is no need to wait for their immediate exclusion from work. Remember the same work books that were gradually converted into electronic form, and now almost everyone has them in electronic form. Compliance with the rules is one of the key features of our system, therefore, if necessary, ND can be printed at any time. It takes time and accumulated experience to adjust the rules of the Ministry of Labor.

“If the ND is completely digital, is there a change in the composition of the team, marks on the start time of work, breaks, completion of work, etc.?”

The system implements functionality for extending, canceling and completing work on regulatory documents. As for changes in the composition of performers, this is also provided for. In this case, the fact of replacement is recorded and the RD is also approved if necessary. (The need for approval is determined both by the internal requirements of the Customer and the LNA).

8 people users? But what about managers and work producers, team members – they are not users, they do not put their digital signature? Do I understand correctly that these 8 people could not agree among themselves and coordinated outfits for 5 hours, but now they can and do it in 30 minutes? (question about implementation practice)

It sounds like these 8 people are sitting in the same room arguing, but that's far from true. Each person responsible for approval is at his own site/site/office, and there are also business trips and people are physically unable to sign the ND quickly.

Team members and other managers can also be users of the system in order to have an agreed ND at hand in the mobile application. As soon as the ban on transferring targeted instruction into electronic form is lifted, everyone will begin to use mobile access.

What about changes in the central data during operation, how is time recorded there, on what platform is all this implemented, etc.? (It would be interesting to see the technical nuances.)

We use the electronic document management platform DirectumRX (our partner vendor), now our solution exists in the form of a module for this system.

The system allows you to record changes in the END, the time and who initiated it. We will tell you more about the technical details, architecture, previous versions and implementation in a separate article.

I can hardly imagine how to convince the inspector that here we have a base with orders, here we have it signed with an electronic signature and in general everything is done according to the rules.

Any checks begin with the Customer’s LNA, where it must be clearly stated where what is stored and the procedure for working with a particular register, in accordance with current legislation. Therefore, you don’t need to convince anyone, you need to conduct your activities transparently. From our experience, the Customer did not have any problems regarding the electronic work permit system during the inspection.

“Well, I don’t know what industry the article is about, but in the field of electric power, the speed of issuing a work permit mainly depends on the desire or reluctance of interested parties to complete the work faster. The speed of collecting signatures is highly secondary.”

The speed of collecting signatures may be secondary in normal operation, but during accidents, incidents and unscheduled work, this is critical and minutes can count. There is no point in arguing or proving anything here, since each Customer has his own performance indicators. The industry is resource extraction.

Conclusion
Thank you very much for your questions, we tried to answer as detailed as possible. I would like to note that we are not the only company on the market that offers such solutions, and absolutely all of our competitors (colleagues) face the same legal problems during implementation and implementation (the main one is the ban on electronic signatures and electronic registration of targeted briefings), everything else is allowed to be drawn up , transmit and sign electronically. The experience of the first implementation showed us that even in the current castrated (cross out) semi-automated form, electronic ND works and solves the problem of registration time. If you have any questions, ask, we will answer in the comments or in the next post. To describe the technical part, we decided to make a separate material.