Prevention of Major Industrial Accidents Convention, 1993 (No. 174) - Armenia (Ratification: 1996)

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

In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 174 (major industrial accidents) and 176 (OSH in mines) together.

Protection against specific risks

Convention No. 174

The Committee notes with regret that the report of the Government is silent on the application of the following provisions of the Convention: Article 4 (national policy); Article 5 (establishment of a system for the identification of major hazard installations); Article 6 (protection of confidential information); Articles 7–8 (responsibility of employers); Articles 15–16 (responsibilities of competent authorities); Articles 20–21 (rights and duties of workers and their representatives); and Article 22 (responsibility of exporting States). The Committee therefore requests the Government to provide detailed information on the application of each of the paragraphs of these Articles.

Article 9 of the Convention. Documented system of major hazard control. With reference to its previous request regarding information on the effect given to each of the requirements set out in Article 9(a)–(g), the Committee notes that the Government enumerates general elements to be included in the “safety passports” that have to be established for chemically hazardous installations pursuant to Governmental Decree No. 702 of 11 November 1998 on “approval of the Statue of Safety Passport of an Industrial Entity in the Republic of Armenia” as amended by Governmental Decree No. 582 of 29 May 2009, including the assessment of hazards and risks, risk reduction measures, quantities of the hazardous chemicals produced, used, recycled or preserved in a given entity and the procedure of informing the staff, the population and the authorized body. Concerning Article 9(b), the Government refers to a number of national construction norms without identifying specific provisions or providing a copy of these instruments. The Committee requests the Government to provide information on whether the “safety passports” include provision for: (i) the assessment of risks including consideration of possible interactions between substances (Article 9(a)); (ii) organizational measures, including training of personnel, the provision of equipment in order to ensure their safety, staffing levels, hours of work, definition of responsibilities and controls on outside contractors and temporary workers on the site of the installation (Article 9(c)); (iii) emergency plans and procedures, including emergency medical procedures, to be applied in case of major accidents or threat thereof, with periodic testing and evaluation of their effectiveness and revision as necessary (Article 9(d)(i)) and any necessary consultation with authorities and bodies responsible for the preparation of emergency plans and procedures for the protection of the public and the environment outside the site of the installation (Article 9(d)(iii)); (iv) consultation with workers and their representatives (Article 9(f)); and (v) improvement of the system (Article 9(g)). As regards Article 9(b), the Committee requests the Government to identify specific provisions of the abovementioned constructions norms which provide for technical measures, including design, safety systems, construction, choice of chemicals, operation, maintenance and systematic inspection of the installation, and to provide a copy of the referenced documents, if possible in one of the working languages of the ILO.

Article 10. Preparation of safety reports. With reference to the Committee’s previous request concerning information on the manner in which the “safety passports” fulfil the requirements set out in Article 10, the Government provides a list of general elements to be contained in the “safety passports”. However, the Committee notes that the information provided by the Government does not address all the requirements outlined in Article 9, as required by Article 10. The Committee also notes that the Government does not provide information on whether “safety passports” must be prepared for new major hazard installations before they are put into operation. The Committee requests the Government to provide detailed information on measures taken to ensure that: (i) the “safety passports” meet each of the requirements of Article 9(a)–(g) (Article 10(1)); and that (ii) they are prepared in the case of any new major hazard installation, before they are put into operation (Article 10(2)(b)).

Article 11. Review, update and amendment of the safety report by employers. The Committee notes from the information provided by the Government that section 16 of Governmental Decree No. 702 prescribes circumstances in which the “safety passports” are re-examined and reapproved by the Rescue Service of the Ministry of Emergency Situations. Noting that the aforementioned legislation does not provide whether the “safety passports” are reviewed, updated and amended: (i) in the event of a modification which has a significant influence on the level of safety in the installation or its processes or in the quantities of hazardous substances present (Article 11(a)); and (ii) at the request of the competent authority (Article 11(d)), the Committee requests the Government to provide information on measures taken to give full effect to paragraphs (a) and (d) of this Article.

Article 12. Transmission to the appropriate authority. The Committee notes sections 6 and 7 of Governmental Decree No. 702 that give effect to this Article 12 of the Convention.

Article 14. Reporting obligations after major accidents. The Committee notes the Government’s reference to section 14 of the State Regulation of Technical Safety of 24 October 2005 which requires operators of industrial hazard installations to submit information on industrial and technological accidents until 1 April of each year, including measures taken to eliminate the consequences of technological and industrial accidents. The Committee notes that the information submitted by operators after industrial accidents according to the State Regulation of Technical Safety does not cover recommendations detailing actions to be taken to prevent a recurrence. Noting the Government’s reference to the technical survey of the causes of industrial accidents with lethal and serious outcomes in hazardous industrial installations submitted by the National Centre of Technical Safety, the Committee requests the Government to indicate whether the employer is required to present to the competent authority, within a fixed time frame after a major accident, a detailed report containing recommendations detailing actions to be taken to prevent a recurrence in accordance with Article 14(2).

Article 15. Establishment and regular updating of off-site emergency plans and procedures to protect the public and the environment outside the sites of hazardous installations. The Committee notes that sections 5(c) and (f) of Governmental Decree No. 702 provide that the information on the establishment of a local alert system for the staff and the population and the procedure of informing the population regarding emergency situations and forecast of the elimination of their consequences shall be included in the “safety passports”. Noting that relevant protective measures exist as regards the public, the Committee requests the Government to provide information in relation to the development of emergency plans for the protection of the environment outside the site of the major hazard installation. The Committee also requests the Government to provide information on measures taken to periodically review these plans and to specify the procedures established for coordination with the relevant authorities.

Article 17. Siting of major hazard installations. With reference to its previous request regarding the information on the application of this Article, the Committee notes the Government’s reference to a number of national construction norms such as “Urban Development: Planning and Development of Urban and Rural Habitats” (RA SHN 30-01-2014) approved by the order of the RA Minister of Urban Development No. 263-N of 14 October 2014, “General Plans of Industrial Organizations” (RA SHN III-9.02-02-03) approved by the order of RA Minister of Urban Development No. 32-N of 23 May 2003 and “Trustworthiness of Urban Development Systems: General Provisions” (RA SHN II-5-01-98) approved by Order No. 82 of 1 October 2001. Given that the Government does not identify any specific provisions or provide a copy of the referenced documents, the Committee is not able to appreciate the extent to which the effect is given to this provision of the Convention by the referenced constructions norms. The Committee requests the Government to identify the specific provisions of the abovementioned constructions norms which constitute the comprehensive siting policy arranging for the appropriate separation of proposed major hazard installations from working and residential areas and public facilities and appropriate measures for existing installations, as called for by this Article of the Convention and to provide a copy of the referenced documents, if possible in one of the working languages of the ILO.

Protection in specific branches of activity

Convention No. 176

The Committee notes the effect given to Article 5(2)(f) (right of workers and their representatives to be consulted and to participate in measures relating to safety and health at the workplace), Article 5(4)(e) (supply of sufficient sanitary conveniences and facilities), Article 6(d) (provision of personal protective equipment), Article 7(i) (stoppage of operations and evacuation of workers in case of a serious danger to their safety and health), Article 9(a), (c) and (d) (provision of information to workers; provision of suitable protective equipment at no cost; and provision of first aid, appropriate transportation from the workplace and appropriate medical facilities), Article 10(a) (training and instruction of mine workers), Article 13(1)(d) and (2)(e) (workers’ right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority; and the safety and health representatives’ right to consult with the competent authority), Article 14(c) (duty of workers to report situations which could present a risk), Article 16(a) (appropriate penalties and corrective measures) of the Convention by the Labour Code. The Committee notes with regret that the report of the Government is silent on the application of the following provisions of the Convention: Article 5(1),(2) (d)–(e),(3)(4)(a)–(d),(5) (regulation and monitoring of various aspects of safety and health in mines); Article 6(a)–(c) (order of priority in the treatment of risks), Article 7(a)–(h) (measures to be taken by employers to eliminate or minimize the risks to safety and health in mines); Article 8 (emergency response plans); Article 9(b) (appropriate measures to eliminate or minimize the risks resulting from exposure to physical, chemical or biological hazards); Article 10(b)–(e) (employers’ obligations); Article 11 (health surveillance of workers); Article 12 (responsibilities of the employer in charge of the mine when two or more employers undertake activities at the same mine); Article 13(b)–(f),(2)(a)–(d) and (f),(3),(4) (rights of workers and their representatives); Article 14(a),(b) and (d) (duties of workers); Article 15 (cooperation between employers and workers and their representatives) and Article 16(b) (inspection services). The Committee therefore requests the Government to provide detailed information on the application of each paragraph of these Articles.

Article 3 of the Convention. Formulation, carrying out and periodic review of a coherent national policy on safety and health in mines. The Committee notes from the information provided by the Government that the Ministry of Health has elaborated a draft Strategy for Occupational Safety and Health pursuant to which it is envisaged to elaborate documents establishing minimum requirements for occupational health in several industries, including the mining industry and other branches of open-mine exploitation and concerning the occupational safety and health of workers. However, the Committee notes that the adoption of the aforementioned Strategy has been pending since 2015. The Committee requests the Government to provide information on any progress made in the formulation, carrying out and review of a coherent national policy on safety and health in mines, including on the relevant elements of the abovementioned programme and any other documents elaborated that reflect such a national policy. The Committee also requests the Government to provide information on the consultations held in this regard with the most representative organizations of employers and workers concerned.

Articles 5(2)(b)and 16(b). Appropriate inspection services in mines. The Committee notes the information provided by the Government that inspections to ensure the health and safety of mineworkers are carried out by the State Health Inspectorate and that means of administrative liability, based upon the Code of Administrative Offences, are imposed in case of violations. The Committee also notes the Government’s statement regarding the ongoing labour inspection reforms and the recent merger of the State Labour Inspectorate and the State Sanitary and Epidemiological Inspection into the “State Health Inspectorate” under the Ministry of Healthcare. In this regard, the Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81).

Article 5(2)(c). Procedure for reporting and investigating accidents, dangerous occurrences and mine disasters. The Committee notes the Government’s indications that in case of discovery of an occupational disease in mines and when industrial accidents are registered, with a view to preventing their recurrence in the future, an official investigation and registration of each of the cases is carried out according to the procedures established by Government Decree No. 458-N of 23 March 2006 approving the procedure for registration of and official investigation into occupational diseases , the procedure for registration of and official investigation into accidents, the List of the Occupational Diseases. The Government adds that from 1 January 2014 to 10 June 2015, six of the accidents registered by the Inspectorate took place in the mining industry, five of which resulted in fatalities. Following an investigation on the registered accidents by the Inspectorate, administrative proceedings were launched concerning three accidents, and binding orders to eliminate violations were issued. Noting the information provided by the Government concerning accidents, the Committee requests the Government to provide information on the procedures for reporting and investigating dangerous occurrences, provided by law or regulations.

Article 13(1)(d) and (2)(e). Right of workers to obtain information held by the employer or the competent authority. Right of safety and health representatives to consult with the competent authority. The Committee notes the Government’s indication that, pursuant to section 8(10)(b) of Government Decree No. 857-N of 25 July 2013, the labour inspectorate offers relevant consultation and information to workers and their representatives on the issues concerning occupational safety and health. The Committee notes that under this provision, the functions of the labour inspectorate include the organization of methodological support for the employers and trade unions regarding the enforcement of labour legislation with the aim of safeguarding occupational safety, by providing appropriate information and consulting. However, no information is provided by the Government on the right of workers to obtain information relevant to their safety or health held by the employer. The Committee requests the Government to provide further information on the legislative measures taken to guarantee the right of workers to obtain information relevant to their safety or health, held by the employer.

[The Government is asked to reply in full to the present comments in 2018.]

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

The Committee notes the Government’s indication that the report was submitted to the Confederation of Trade Unions of Armenia and the Republican Union of Employers of Armenia, and that their opinions are attached to the report. It also notes that the Confederation of Trade Unions of Armenia indicates that they do not have suggestions and observations, whereas the Republican Union of Employers of Armenia states that they communicate their suggestions and observations. The Committee however notes that their observations were not attached to the Government’s report. It therefore requests the Government to provide a copy of the observations of the Republican Union of Employers of Armenia.

In its previous comment, the Committee asked the Government to report in detail in 2012. The Committee notes that the Government’s report does not provide detailed information on the application of the Convention in the country. The Committee therefore reiterates its request to the Government to submit a detailed report providing full information on the effect given, in law and in practice, to each of the paragraphs of the Articles of the Convention, in particular in relation to the following: Article 4 (national policy concerning the protection against the risk of major accidents and its implementation through preventive and protective measures); Article 5 (establishment of a system for the identification of major hazard installations); Article 6 (protection of confidential information); Articles 7–14 (responsibilities of employers); Articles 15–19 (responsibilities of competent authorities); Articles 20 and 21 (rights and duties of workers and their representatives); and Article 22 (responsibility of exporting States).

Articles 9(c), 10, 11 and 12 of the Convention. Documented system of major hazard control, including risk assessment, technical and organizational preventive measures. Preparation of safety reports. The Committee notes that the Government refers once more to “safety passports” that have to be established pursuant to Governmental Decision No. 702 of 11 November 1998 “on approval of the Statute of Safety Passport of an Industrial Entity in the Republic of Armenia” for chemically hazardous installations and hydro-technical installations. The Government indicates, without giving further details, that these instruments entail the implementation measures for the notification and prevention of major accidents as well as for evacuation and rescue in case of possible accidents involving the emission of hazardous substances. In addition, it includes an assessment of technical risks and risk reduction measures. The Government adds that information on the quantities of strong hazardous substances in chemically hazardous installations has to be provided monthly to the Ministry of Emergency Situations’ Rescue Service and on risk reduction measures on a six month basis. The Government further refers, as in its previous report, to section 247 of the Labour Code, which provides that workers have to be trained and instructed to work safely with specific dangerous chemical substances, and be provided with personal protective equipment. This section also provides that workstations have to be equipped with a system monitoring the quantities of these substances in the working environment, in addition to a warning system in case of danger. Noting that the information provided addresses only some of the criteria referred to in Articles 9–12, the Committee once again requests the Government to specify the manner in which its major hazards control system responds to each of the requirements set out in Article 9(a)–(g) of the Convention, in both law and practice. It also requests the Government to further elaborate the responsibilities and modalities for the establishment and control of “safety passports”, and to detail in which manner a “safety passport” fulfils all requirements for safety reports set out in Articles 10 to 12 of the Convention.

Article 15. Establishment and regular updating of off-site emergency plans and procedures to protect the public and the environment outside the sites of hazardous installations. The Committee notes from the Government’s report the obligation for various ministries, self-government bodies and the management body responsible for the damaged chemical installation to develop protection plans for the population in case of danger or incident at a chemical installation. Moreover, the Government indicates that research was conducted under the auspices of the Ministry of Emergency Situations aimed at improving organizational issues relating to the protection of the population, and at implementing rescue and immediate remedial actions in case of major accidents. The Committee asks the Government to continue to provide relevant information in relation to the development of emergency plans for the protection of the public and the environment outside the site of the major hazard installation, and to keep the Office informed of any initiatives taken in accordance with the research outcomes.

Part V of the report form. Application in practice. The Committee once again asks the Government to give a general appreciation of the manner in which the Convention is applied in the country in practice, and to provide extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.

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

The Committee notes the information provided by the Government in its latest report, and the attached legislation, including Decree No. 702 of 11 November 1998 (Statute of the Industrial Safety Certificate of Industrial Installations), as amended by Decree No. 582 of 29 May 2009. The Government also indicates the approval of the plan in case of an accident at a chemical installation, the plan for the population’s protection in case of a threat of a chemical accident and the plan of measures to be taken during reconstruction work at chemical installations by Decree No. 861 on 8 July 2010. The Committee asks the Government to continue to provide information on relevant measures undertaken with regard to the Convention.

While noting the content of the abovementioned legislation, in particular the requirement to draft a safety certificate regarding the hazardous industrial installation on the elaboration of measures for the prevention of emergency situations and the assessment of their efficiency, the Committee notes that the Government has not provided information on the specific provisions, in law and in practice, which give effect to the requirements of the Convention. The Committee therefore reiterates its request to the Government to submit a detailed report on the application of the Convention in the country; and invites the Government to seek technical assistance on measures required to bring national legislation into compliance with the Convention.

Plan of Action (2010–16). The Committee would like to take this opportunity to inform the Government that, in March 2010, the Governing Body adopted a plan of action to achieve widespread ratification and effective implementation of the key instruments in the area of occupational safety and health, the Occupational Safety and Health Convention, 1981 (No. 155), its 2002 Protocol and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (GB.307/10/2(Rev.)). The Committee would like to bring to the Government’s attention that under this Plan of Action, the Office is available to provide assistance to Governments, as appropriate, to bring their national law and practice in conformity with these key OSH Conventions in order to promote their ratification and effective implementation. The Committee invites the Government to provide information on any needs it may have in this respect.

Part V of the report form. Application of the Convention in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to provide extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported, etc.

[The Government is asked to report in detail in 2012.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the detailed report submitted by the Government and the references made to relevant legislation including, in particular, the State Regulation of Technical Safety of 24 October 2005 (Regulations on Technical Safety), reportedly adopted in order to meet the requirements of the Convention. The Committee notes, however, that with the exception of Articles 1(1) and (2), 8, 12, 13 and 19, and subject to any further information the Government may be able to provide, the referenced legislation appears at most to give partial effect to the remaining parts of the Convention. Based on the information available it is difficult to confirm that Armenia has a national system for major accidents prevention in line with the Convention. The legislation referred to – in particular the Regulations on Technical Safety – as well as the government decisions establishing quantities of hazardous substances, technical examination of occupational accidents with fatal or serious consequences and on the procedure of their registration seem to be addressing general occupational hazards and not major hazard installations defined by the Convention.

The Committee would like to recall that the key components of such a national system would include a system for the identification of major hazard installations using or storing hazardous substances; the preparation of safety reports documenting the measures taken concerning the installations at issue; and measures to mitigate the consequences of a possible major accident. The identification of major hazard installations is the starting point of a national system. According to the Government’s report an “industrial hazard installation” is defined with reference to a list of hazardous substances and quantity produced or processed, while the table attached to the report defines the amount of substances used daily in certain installations (kg/day). This definition is relevant for general safety and health, but the purpose of the Convention is to address the major accident potential that certain installations could have for the public and the environment. The second component is a safety report which is a key tool for documenting and communicating safety measures taken at an installation. While the Government report explains the process of technical safety certificate of industrial hazard installation, no information is provided on the requirement of preparation and updating of safety reports by the employer, nor about arrangements for control and risk assessments which is the basis for preparing such safety reports. As regards the third main component mitigation information on off-site emergency planning is insufficient, and while the law on emergency situation addresses the matters related to the public and the environment, it is not clear if the off-site emergency plans are developed based on possible scenarios. Finally the report contains insufficient information on the national siting policy. Against this background the Committee requests the Government to provide further information on measures taken, in law and in practice to give effect to Articles 3, 5–7, 9–11, 14–17 and 20–22. The Committee invites the Government to seek technical assistance on measures required to bring national legislation into compliance with the Convention.

[The Government is asked to report in detail in 2010.]