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

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

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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.

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

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.