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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Legislation. The Committee notes the information provided by the Government regarding the adoption of the Decree on the contents and elaboration of protection and rescue (Official Gazette of the Republic of Slovenia, No. 24/2012), section 10 of which gives effect to Article 16(b) of the Convention; the amendment of the Environmental Protection Act (ZVO-1B), section 81 of which gives effect to Article 8(2) of the Convention; and the amendment of the Decree on the prevention of major accidents and mitigation of their consequences (hereinafter the “Decree on major accidents”), which gives effect to Article 9(a)–(c) of the Convention. The Committee also notes the Government’s indication, in response to its previous comments on Article 1(2) of the Convention, that sections 52, 53 and 94 of the Rules on health and safety requirements for the use of work equipment (No. 101/04) apply to pipelines outside the site of major hazard installations. Furthermore, it notes that section 48 of the Health and Safety at Work Act (No. 43/11) gives effect to Article 18(2); and that effect is given to Article 20(b) and (c) through sections 13, 45, 46 and 48(4) of the Health and Safety at Work Act and section 6(4) of the Decree on the contents and elaboration of protection and rescue. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 4(1) of the Convention. 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 according to which the necessity of preparing a programme to follow-up on the 2008–12 action programme for the limitation of environmental risks due to the hazards of major accidents will be discussed in the course of the transposition into law of the European Union Directive on the control of major accident hazards involving dangerous substances (SEVESO III), which will come into effect on 1 June 2015. The Committee requests the Government to provide updated information on the measures taken or envisaged, following the transposition into law of SEVESO III, to ensure the protection of workers, the public and the environment against the risk of major accidents. It also requests the Government to provide information on the consultations held with the most representative organizations of employers and workers regarding the formulation, implementation and periodical review of the national policy.

Article 10. Preparation of safety reports by employers. The Committee notes that section 13 of the Decree on major accidents establishes the elements which must be included in the safety report, with subsection 3 specifying that the safety report shall include the information and content specified in annex III of the Decree. The Committee requests the Government to submit a copy of annex III of the Decree on the prevention of major accidents and mitigation of their consequences, if possible in one of the working languages of the ILO.

Article 11. Review, update and amendment of the safety report by employers. The Committee notes that no information is provided regarding the obligation for employers to review, update and amend the safety report in the cases enumerated in this Article of the Convention. The Committee requests the Government to indicate the specific provisions of the legislation in force, and to provide information on any other measures, which give effect to this Article of the Convention.

Application of the Convention in practice. The Committee notes the information provided by the Government on the number of warnings, orders to remedy irregularities and fines imposed during the reporting period by the inspectors responsible for ensuring compliance of major hazard installations with the Decree on major accidents. The Committee also notes the data on the number of industrial accidents recorded during the reporting period, which decreased from 25 in 2008 to 18 in 2013. The Committee requests the Government to continue to provide information on the application of the Convention in practice.