Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 174) sur la prévention des accidents industriels majeurs, 1993 - Estonie (Ratification: 2000)

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.