Prevention of Major Industrial Accidents Convention, 1993 (No. 174) - Estonia (Ratification: 2000)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Article 20(c)(iii) of the Convention. Consultations with workers and their representatives. Accident reports. Following its previous comments, the Committee notes the Government’s indication in its report that, pursuant to section 24(1) of the Occupational Safety and Health Act of 1999, as amended (OSH Act), employers shall investigate all occupational accidents and diseases, with the participation of workers’ representatives. The Government further indicates that employers must make the relevant information, including investigation results, available to employee representatives. The Committee nevertheless observes that section 24 of the OSH Act concerns situations where a worker has already been injured (pursuant to the definition of occupational accident in section 22 of the Act). The Committee recalls that, under Article 3 of the Convention, the term “major accident” is defined as a sudden occurrence – such as a major emission, fire or explosion – in the course of an activity within a major hazard installation, involving one or more hazardous substances and leading to a serious danger to workers, the public or the environment, whether immediate or delayed. The Committee thus requests the Government to provide further information on how it is ensured, in law and in practice, that workers and their representatives shall be consulted in the preparation of, and have access to, accident reports (Article 20(c)(iii) of the Convention), taking into account the definition of “major accident” under Article 3.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 5 of the Convention. System for the identification of major hazard installations. The Committee notes, with reference to its previous request concerning information on the effect given to this Article, that the Government indicates in its report that the Regulation of the Minister of Economic Affairs and Communication No. 40 of 2011 on the minimum danger levels of chemicals, the threshold quantities of dangerous chemicals, the hazard category of enterprises liable to be affected by a major accident and the procedure for identification of dangerous enterprises was adopted pursuant to EU Directive 96/82/EC as amended by Directive 2012/18/EC (Seveso-III). The Government reports that this Regulation provides for a system for the identification of hazard installations based on a list of hazardous substances and their respective threshold quantities. The Committee also notes the Government’s indication that all draft legal acts are open for public discussion through the Government’s information system website.

Article 6. Protection of confidential information. The Committee notes the information provided by the Government regarding the protection of information relating to business secrets set out in the Administrative Procedure Act of 2001 (RT I 2001, 58, 354) and requirements provided under the Public Information Act of 2000 (RT I 2000, 92, 597) for its disclosure in which public interest and the environment are taken into consideration.

Article 18(2). Right for representatives of employers and workers to accompany inspectors. The Committee notes the information provided by the Government in reply to its previous request concerning the effect given to this Article that when the labour inspectorate decides to notify the employer before undertaking an inspection, the employer is also notified about involving workers’ representatives (that must be elected in workplaces with more than 30 employees). The Government further indicates that, in practice, representatives of employers and employees can take part in the inspection.

Article 20(c). Consultations with workers and their representatives. With reference to its previous request regarding further information on the specific legislation giving effect to Article 20(c), the Committee notes the Government’s indication that pursuant to the Occupational Safety and Health Act of 1999 (RT I 1999, 60, 616), the Chemicals Act of 1998 (RT I 1998, 47, 697) and the Employees’ Trustee Act of 2006 (RT I 2007, 2, 6), workers and their representatives are consulted in the elaboration and implementation of measures to improve the working environment. In this regard, the Committee takes note of the Government’s statement that workers and their representatives are given access to safety reports and emergency plans. However, the Committee notes that the aforementioned legislation does not regulate the consultation process of workers and their representatives in the preparation of, and their access to, accident reports, as set out in Article 20(c)(iii). The Committee therefore requests the Government to provide information on the legislative and practical measures taken or envisaged to ensure that the workers and their representatives are consulted in the preparation of, and have access to, accident reports.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided regarding effect given to Articles 8(2), 11, 12, 14 and 22 of the Convention.

Article 5(1) of the Convention. System for identification of major hazard installations. The Committee notes that according to information available the 1998 Chemicals Act (as amended until 2005) (Chemicals Act) deals, inter alia, with hazardous chemicals and enterprises liable to be affected by a major accident, but that this Act does not seem to regulate the issue referred to in this Article of the Convention. The Committee requests the Government to provide further information on how effect is given to this provision of the Convention.

Article 6. Protection of confidential information. With reference to section 22 of the Chemical’s Act, the Committee requests the Government to provide further information on the procedures provided for to respect the provisions in this Article of the Convention.

Article 18(2). Right for representatives of employers and workers to accompany inspectors. With reference to its previous comment, the Committee notes the Government’s response that the basic provisions of the 1999 Occupational Health and Safety Act (as amended until 2003) (OSH Act) and the 1993 Employees’ Representatives’ Act provide for the requirements of Article 18(2). The Committee requests the Government to provide further information on the specific legislation giving effect to this provision of the Convention.  

Article 20(c). Worker and their representatives’ consultations. The Committee notes the Government’s response that the OSH Act and the Employees’ Representatives’ Act (1993) regulate the consultation process. The Committee requests the Government to provide further information on the specific legislation giving effect to this Article 20(c) provision of the Convention, including its subparagraphs (i)–(iii).

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the information provided by the Government in its report. It requests the Government to supply additional information in order to indicate how effect is given to the following provisions of the Convention:

–      Article 8, paragraph 2 – establishment of a procedure to notify the competent authority before any permanent closure of a major hazard installation;

–      Articles 11 and 12 – employers’ obligation to review, update, amend the safety report, as well as to make it available to the competent authority;

–      Article 14 – legislative or other provision obliging the employers to present a detailed report to the competent authority containing an analysis of the causes of the accident and describing consequences;

–      Article 18, paragraph 2 – measures to make it possible for employers’ and workers’ representatives to accompany inspectors supervising the application of national legislation giving effect to the Convention;

–      Article 20, subparagraph (c) – the way in which workers are consulted in the preparation of the documents such as a safety report and an accident report;

–      Article 22 – legislative or other provisions adopted with a view to ensure the communication of the information on the prohibition of hazardous substances, technologies or processes as a potential source of a major accident.