Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Prevention of Major Industrial Accidents Convention, 1993 (No. 174) - Slovenia (Ratification: 2010)

The Committee notes the information supplied by the Government in its detailed first report on the application of the Convention, and notes the relevant legislation and regulations in force, particularly the Decree on the Prevention of Major Accidents and Mitigation of their Consequences, the 2012/18/EU Directive on the control of major accident hazards involving dangerous substances (SEVESO II) and the Health and Safety at Work Act (ZVZD-1), adopted in 2011.

Article 1(2) of the Convention. Application of the Convention to major hazard installations. The Committee notes that in its report the Government indicates that the control regime, established by environmental legislation to manage hazards of major accidents, covers fixed major hazard installations and does not cover transport of substances by pipelines nor any installations defined in Article 1(3). The Committee notes that the report does not indicate the provisions ensuring that the Convention applies to transport pipelines outside the site of major hazard installations. The Committee requests the Government to indicate the legislative provisions that apply to transport by pipelines outside the site of major hazard installations.

Article 4(1). Formulation, implementation and periodical review of a coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee notes the Government’s indication that the national policy concerning the protection of workers, the public and the environment against the risk of major accidents is defined in the action programme for the limitation of environmental risks due to the hazards of major accidents. The action programme, which was prepared and implemented for the 2008–12 period, was composed of a set of concrete measures, activities and actions to be undertaken in order to achieve the goals defined in the Ministry of Agriculture and Environment’s policy for the prevention of major accidents. The Committee also notes the Government’s indication that a new action programme, based on the review of the 2008–12 programme, is to be prepared and adopted in 2013, and will target further progress in the management of major accident hazards. The Committee asks the Government to provide information on the results of the 2008 programme review, the content and implementation of the next action programme, and to indicate any additional measures taken or envisaged to ensure the protection of workers, the public and the environment against the risk of major accidents. The Committee also invites the Government to provide it with information on the measures taken to fulfil the requirement of holding consultations with the most representative organizations of employers and workers before formulating and implementing the national policy.

Article 5(1). System for the identification of major hazard installations. The Committee notes that in its report, the Government indicates that the public is invited to give its opinion, comments and suggestions during the process of developing the identification system for major hazard installations. The Committee invites the Government to provide it with information on the measures taken to fulfil the requirement of holding consultations with the most representative organizations of employers and workers before establishing a system for the identification of major hazard installations.

Article 5(2). Regular review and update of the system for the identification of major hazard installations. The Committee notes that the Government’s report does not provide information on the measures taken to ensure the regular review and update of the system for the identification of major hazard installations. The Committee requests the Government to describe measures taken or envisaged to ensure that the system for the identification of major hazard installations is regularly reviewed and updated.

Article 6. Protection of confidential information. The Committee notes that the Government’s report does not provide information on consultation, by the competent authority, of the most representative organizations of employers and workers before making special provision to protect confidential information transmitted or made available to it. The Committee asks the Government to provide information on the measures taken to fulfil the requirement of holding consultations with the most representative organizations of employers and workers.

Article 8(2). Establishment of a procedure to notify the competent authority before any permanent closure of a major hazard installation. The Committee notes that the Government’s report does not contain information on the application of this Article of the Convention. The Committee asks the Government to provide information on any measures taken or envisaged to establish a procedure to notify the competent authority before any permanent closure of a major hazard installation.

Article 10. Preparation of safety reports by employers. The Committee notes that the Decree on the Prevention of Major Accidents and Mitigation of their Consequences stipulates that operators of existing major hazard installations and investors for operators of future major hazard installations must prepare a safety report and submit it to the competent authority as part of the application for an environmental permit. The Government indicates that the Decree defines the issues to be addressed in the safety report and that these elements comply with the requirements of Article 9 of the Convention. The Committee invites the Government to submit a copy of the Decree on the Prevention of Major Accidents and Mitigation of their Consequences, in one of the working languages of the ILO if possible.

Article 16(b). Responsibilities of the competent authorities concerning off-site emergency preparedness. The Committee notes that effect is given to subparagraph (a) of this Article by the environmental control regime, which provides that operators of major hazard installations have the responsibility to inform the public on safety measures and the behaviour to adopt in the event of an accident. The Environmental Protection Act, which provides for the submission of data on major hazard installations with a potential for transboundary effects to the competent authorities in neighbouring countries, gives effect to subparagraph (c) of the Article. However, the Committee notes that no information is provided on the effect given to subparagraph (b), which obliges the competent authority to ensure that warning is given as soon as possible in the case of a major accident. The Committee requests the Government to provide information on the measures taken to ensure that warning is given to members of the public or neighbouring countries, as soon as possible, in the case of a major accident.

Article 18(2). Right for representatives of employers and workers to accompany inspectors. The Committee notes that the Government’s report does not provide information on the right for representatives of employers and workers to accompany inspectors supervising the application of the measures prescribed in the Convention. The Committee asks the Government to indicate any measures taken or envisaged to ensure that representatives of the employer and workers of a major hazard installation have the opportunity to accompany inspectors supervising the application of the measures prescribed in this Convention.

Articles 8(1)(a), 9(a)–(c), 11(a)–(d), and 20(b) and (c). The Committee notes that the information provided by the Government covers only part of the present Articles of the Convention, for which very specific information is required. The Committee requests the Government to provide detailed information on the manner in which effect is given to these Articles of the Convention in practice.

Part V of the report form. Application in practice. The Committee, noting the Government’s first report, asks it to provide a general appreciation of the manner in which the Convention is applied in practice, and in particular to indicate any data available on the number of workers covered by the measures giving effect to the Convention, the number and nature of the infringements reported, and the number, nature and cause of accidents reported concerning major hazard installations.