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C174 Prevention of Major Industrial Accidents Convention, 1993 
</font></h3></b>
      <p><font size=-2> Convention concerning the Prevention of Major Industrial 
        Accidents (Note: Date of coming into force: 03:01:1997.) <br>
        Convention:C174 <br>
        Place:GENEVA <br>
        Session of the Conference:80 <br>
        Date of adoption:22:06:1993 <br>
        Subject classification: Occupational Safety <br>
        <br>
        Status: Up-to-date instrument This Convention was adopted after 1985 and 
        is considered up to date. </FONT></p>
      <p>&nbsp;</p>
      <p> 
The General Conference of the International Labour Organization,<p>
<p>
Having been convened at Geneva by the Governing Body of the International 
Labour Office, and having met in its 80th Session on 2 June 1993, and<p>
<p>
Noting the relevant international labour Conventions and Recommendations and, 
in particular, the Occupational Safety and Health Convention and 
Recommendation, 1981, and the Chemicals Convention and Recommendation, 1990, 
and stressing the need for a global and coherent approach, and<p>
<p>
Noting also the ILO Code of practice on the Prevention of major industrial 
accidents, published in 1991, and<p>
<p>
Having regard to the need to ensure that all appropriate measures are taken 
to:<p>
<p>
(a) prevent major accidents;<p>
<p>
(b) minimize the risks of major accidents;<p>
<p>
(c) minimize the effects of major accidents, and<p>
<p>
Considering the causes of such accidents including organizational errors, the 
human factor, component failures, deviation from normal operational 
conditions, outside interference and natural forces, and<p>
<p>
Having regard to the need for cooperation, within the International Programme 
on Chemical Safety, between the International Labour Organization, the United 
Nations Environment Programme and the World Health Organization, as well as 
with other relevant intergovernmental organizations, and<p>
<p>
Having decided upon the adoption of certain proposals with regard to the 
prevention of major industrial accidents, which is the fourth item on the 
agenda of the session, and<p>
<p>
Having determined that these proposals shall take the form of an international 
Convention;<p>
<p>
adopts this twenty-second day of June of the year one thousand nine hundred 
and ninety-three the following Convention, which may be cited as the 
Prevention of Major Industrial Accidents Convention, 1993.<p>
<p>
<p> 
PART I. SCOPE AND DEFINITIONS<p>
<p>
Article 1<p>
<p>
1. The purpose of this Convention is the prevention of major accidents 
involving hazardous substances and the limitation of the consequences of such 
accidents.<p>
<p>
2. This Convention applies to major hazard installations.<p>
<p>
3. This Convention does not apply to:<p>
<p>
(a) nuclear installations and plants processing radioactive substances except 
for facilities handling non-radioactive substances at these installations;<p>
<p>
(b) military installations;<p>
<p>
(c) transport outside the site of an installation other than by pipeline.<p>
<p>
4. A Member ratifying this Convention may, after consulting the representative 
organizations of employers and workers concerned and other interested parties 
who may be affected, exclude from the application of the Convention 
installations or branches of economic activity for which equivalent protection 
is provided.<p>
<p>
Article 2<p>
<p>
Where special problems of a substantial nature arise so that it is not 
immediately possible to implement all the preventive and protective measures 
provided for in this Convention, a Member shall draw up plans, in consultation 
with the most representative organizations of employers and workers and with 
other interested parties who may be affected, for the progressive 
implementation of the said measures within a fixed time-frame.<p>
<p>
Article 3<p>
<p>
For the purposes of this Convention:<p>
<p>
(a) the term <i> hazardous substance </i> means a substance or mixture of 
substances which by virtue of chemical, physical or toxicological properties, 
either singly or in combination, constitutes a hazard;<p>
<p>
(b) the term <i> threshold quantity </i> means for a given hazardous substance or 
category of substances that quantity, prescribed in national laws and 
regulations by reference to specific conditions, which if exceeded identifies 
a major hazard installation;<p>
<p>
(c) the term <i> major hazard installation </i> means one which produces, 
processes, handles, uses, disposes of or stores, either permanently or 
temporarily, one or more hazardous substances or categories of substances in 
quantities which exceed the threshold quantity;<p>
<p>
(d) the term <i> major accident </i> means 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;<p>
<p>
(e) the term <i> safety report </i> means a written presentation of the technical, 
management and operational information covering the hazards and risks of a 
major hazard installation and their control and providing justification for 
the measures taken for the safety of the installation;<p>
<p>
(f) the term <i> near miss </i> means any sudden event involving one or more 
hazardous substances which, but for mitigating effects, actions or systems, 
could have escalated to a major accident.<p>
<p>
PART II. GENERAL PRINCIPLES<p>
<p>
Article 4<p>
<p>
1. In the light of national laws and regulations, conditions and practices, 
and in consultation with the most representative organizations of employers 
and workers and with other interested parties who may be affected, each Member 
shall formulate, implement and periodically review a coherent national policy 
concerning the protection of workers, the public and the environment against 
the risk of major accidents.<p>
<p>
2. This policy shall be implemented through preventive and protective measures 
for major hazard installations and, where practicable, shall promote the use 
of the best available safety technologies.<p>
<p>
Article 5<p>
<p>
1. The competent authority, or a body approved or recognized by the competent 
authority, shall, after consulting the most representative organizations of 
employers and workers and other interested parties who may be affected, 
establish a system for the identification of major hazard installations as 
defined in Article 3 (c), based on a list of hazardous substances or of 
categories of hazardous substances or of both, together with their respective 
threshold quantities, in accordance with national laws and regulations or 
international standards.<p>
<p>
2. The system mentioned in paragraph 1 above shall be regularly reviewed and 
updated.<p>
<p>
Article 6<p>
<p>
The competent authority, after consulting the representative organizations of 
employers and workers concerned, shall make special provision to protect 
confidential information transmitted or made available to it in accordance 
with Articles 8, 12, 13 or 14, whose disclosure would be liable to cause harm 
to an employer,s business, so long as this provision does not lead to serious 
risk to the workers, the public or the environment.<p>
<p>
PART III. RESPONSIBILITIES OF EMPLOYERS<p>
<p>
IDENTIFICATION<p>
<p>
Article 7<p>
<p>
Employers shall identify any major hazard installation within their control on 
the basis of the system referred to in Article 5.<p>
<p>
NOTIFICATION<p>
<p>
Article 8<p>
<p>
1. Employers shall notify the competent authority of any major hazard 
installation which they have identified:<p>
<p>
(a) within a fixed time-frame for an existing installation;<p>
<p>
(b) before it is put into operation in the case of a new installation.<p>
<p>
2. Employers shall also notify the competent authority before any permanent 
closure of a major hazard installation.<p>
<p>
ARRANGEMENTS AT THE LEVEL OF THE INSTALLATION<p>
<p>
Article 9<p>
<p>
In respect of each major hazard installation employers shall establish and 
maintain a documented system of major hazard control which includes provision 
for:<p>
<p>
(a) the identification and analysis of hazards and the assessment of risks 
including consideration of possible interactions between substances;<p>
<p>
(b) technical measures, including design, safety systems, construction, choice 
of chemicals, operation, maintenance and systematic inspection of the 
installation;<p>
<p>
(c) organizational measures, including training and instruction 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;<p>
<p>
(d) emergency plans and procedures, including:<p>
<p>
(i) the preparation of effective site 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;<p>
<p>
(ii) the provision of information on potential accidents and site emergency 
plans to 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;<p>
<p>
(iii) any necessary consultation with such authorities and bodies;<p>
<p>
(e) measures to limit the consequences of a major accident;<p>
<p>
(f) consultation with workers and their representatives;<p>
<p>
(g) improvement of the system, including measures for gathering information 
and analysing accidents and near misses. The lessons so learnt shall be 
discussed with the workers and their representatives and shall be recorded in 
accordance with national law and practice.<p>
<p>
SAFETY REPORT<p>
<p>
Article 10<p>
<p>
1. Employers shall prepare a safety report based on the requirements of 
Article 9.<p>
<p>
2. The report shall be prepared:<p>
<p>
(a) in the case of existing major hazard installations, within a period after 
notification prescribed by national laws or regulations;<p>
<p>
(b) in the case of any new major hazard installation, before it is put into 
operation.<p>
<p>
Article 11<p>
<p>
Employers shall review, update and amend the safety report:<p>
<p>
(a) 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;<p>
<p>
(b) when developments in technical knowledge or in the assessment of hazards 
make this appropriate;<p>
<p>
(c) at intervals prescribed by national laws or regulations;<p>
<p>
(d) at the request of the competent authority.<p>
<p>
Article 12<p>
<p>
Employers shall transmit or make available to the competent authority the 
safety reports referred to in Articles 10 and 11.<p>
<p>
ACCIDENT REPORTING<p>
<p>
Article 13<p>
<p>
Employers shall inform the competent authority and other bodies designated for 
this purpose as soon as a major accident occurs.<p>
<p>
Article 14<p>
<p>
1. Employers shall, within a fixed time-frame after a major accident, present 
a detailed report to the competent authority containing an analysis of the 
causes of the accident and describing its immediate on-site consequences, and 
any action taken to mitigate its effects.<p>
<p>
2. The report shall include recommendations detailing actions to be taken to 
prevent a recurrence.<p>
<p>
PART IV. RESPONSIBILITIES OF COMPETENT AUTHORITIES<p>
<p>
OFF-SITE EMERGENCY PREPAREDNESS<p>
<p>
Article 15<p>
<p>
Taking into account the information provided by the employer, the competent 
authority shall ensure that emergency plans and procedures containing 
provisions for the protection of the public and the environment outside the 
site of each major hazard installation are established, updated at appropriate 
intervals and coordinated with the relevant authorities and bodies.<p>
<p>
Article 16<p>
<p>
The competent authority shall ensure that:<p>
<p>
(a) information on safety measures and the correct behaviour to adopt in the 
case of a major accident is disseminated to members of the public liable to be 
affected by a major accident without their having to request it and that such 
information is updated and redisseminated at appropriate intervals;<p>
<p>
(b) warning is given as soon as possible in the case of a major accident;<p>
<p>
(c) where a major accident could have transboundary effects, the information 
required in (a) and (b) above is provided to the States concerned, to assist 
in cooperation and coordination arrangements.<p>
<p>
SITING OF MAJOR HAZARD INSTALLATIONS<p>
<p>
Article 17<p>
<p>
The competent authority shall establish a 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. Such a policy shall reflect 
the General Principles set out in Part II of the Convention.<p>
<p>
INSPECTION<p>
<p>
Article 18<p>
<p>
1. The competent authority shall have properly qualified and trained staff 
with the appropriate skills, and sufficient technical and professional 
support, to inspect, investigate, assess, and advise on the matters dealt with 
in this Convention and to ensure compliance with national laws and 
regulations.<p>
<p>
2. Representatives of the employer and representatives of the workers of a 
major hazard installation shall have the opportunity to accompany inspectors 
supervising the application of the measures prescribed in pursuance of this 
Convention, unless the inspectors consider, in the light of the general 
instructions of the competent authority, that this may be prejudicial to the 
performance of their duties.<p>
<p>
Article 19<p>
<p>
The competent authority shall have the right to suspend any operation which 
poses an imminent threat of a major accident.<p>
<p>
PART V. RIGHTS AND DUTIES OF WORKERS AND THEIR REPRESENTATIVES<p>
<p>
Article 20<p>
<p>
The workers and their representatives at a major hazard installation shall be 
consulted through appropriate cooperative mechanisms in order to ensure a safe 
system of work. In particular, the workers and their representatives shall:<p>
<p>
(a) be adequately and suitably informed of the hazards associated with the 
major hazard installation and their likely consequences;<p>
<p>
(b) be informed of any orders, instructions or recommendations made by the 
competent authority;<p>
<p>
(c) be consulted in the preparation of, and have access to, the following 
documents:<p>
<p>
(i) the safety report;<p>
<p>
(ii) emergency plans and procedures;<p>
<p>
(iii) accident reports;<p>
<p>
(d) be regularly instructed and trained in the practices and procedures for 
the prevention of major accidents and the control of developments likely to 
lead to a major accident and in the emergency procedures to be followed in the 
event of a major accident;<p>
<p>
(e) within the scope of their job, and without being placed at any 
disadvantage, take corrective action and if necessary interrupt the activity 
where, on the basis of their training and experience, they have reasonable 
justification to believe that there is an imminent danger of a major accident, 
and notify their supervisor or raise the alarm, as appropriate, before or as 
soon as possible after taking such action;<p>
<p>
(f) discuss with the employer any potential hazards they consider capable of 
generating a major accident and have the right to notify the competent 
authority of those hazards.<p>
<p>
Article 21<p>
<p>
Workers employed at the site of a major hazard installation shall:<p>
<p>
(a) comply with all practices and procedures relating to the prevention of 
major accidents and the control of developments likely to lead to a major 
accident within the major hazard installation;<p>
<p>
(b) comply with all emergency procedures should a major accident occur.<p>
<p>
PART VI. RESPONSIBILITY OF EXPORTING STATES<p>
<p>
Article 22<p>
<p>
When, in an exporting member State, the use of hazardous substances, 
technologies or processes is prohibited as a potential source of a major 
accident, the information on this prohibition and the reasons for it shall be 
made available by the exporting member State to any importing country.<p>
<p>
 PART VII. FINAL PROVISIONS<p>
<p>
Article 23<p>
<p>
The formal ratifications of this Convention shall be communicated to the 
Director-General of the International Labour Office for registration.<p>
<p>
Article 24<p>
<p>
1. This Convention shall be binding only upon those Members of the 
International Labour Organization whose ratifications have been registered 
with the Director-General.<p>
<p>
2. It shall come into force 12 months after the date on which the 
ratifications of two Members have been registered with the Director-General.<p>
<p>
3. Thereafter, this Convention shall come into force for any Member 12 months 
after the date on which its ratification has been registered.<p>
<p>
Article 25<p>
<p>
1. A Member which has ratified this Convention may denounce it after the 
expiration of ten years from the date on which the Convention first comes into 
force, by an act communicated to the Director-General of the International 
Labour Office for registration. Such denunciation shall not take effect until 
one year after the date on which it is registered.<p>
<p>
2. Each Member which has ratified this Convention and which does not, within 
the year following the expiration of the period of ten years mentioned in the 
preceding paragraph, exercise the right of denunciation provided for in this 
Article, will be bound for another period of ten years and, thereafter, may 
denounce this Convention at the expiration of each period of ten years under 
the terms provided for in this Article.<p>
<p>
Article 26<p>
<p>
1. The Director-General of the International Labour Office shall notify all 
Members of the International Labour Organization of the registration of all 
ratifications and denunciations communicated to him by the Members of the 
Organization.<p>
<p>
2. When notifying the Members of the Organization of the registration of the 
second ratification communicated to him, the Director-General shall draw the 
attention of the Members of the Organization to the date upon which the 
Convention will come into force.<p>
<p>
Article 27<p>
<p>
The Director-General of the International Labour Office shall communicate to 
the Secretary-General of the United Nations for registration in accordance 
with Article 102 of the Charter of the United Nations full particulars of all 
ratifications and acts of denunciations registered by him in accordance with 
the provisions of the preceding Articles.<p>
<p>
Article 28<p>
<p>
At such times as it may consider necessary, the Governing Body of the 
International Labour Office shall present to the General Conference a report 
on the working of this Convention and shall examine the desirability of 
placing on the agenda of the Conference the question of its revision in whole 
or in part.<p>
<p>
Article 29<p>
<p>
1. Should the Conference adopt a new Convention revising this Convention in 
whole or in part, then, unless the new Convention otherwise provides<p>
<p>
(a) the ratification by a Member of the new revising Convention shall ipso 
jure involve the immediate denunciation of this Convention, notwithstanding 
the provisions of Article 25 above, if and when the new revising Convention 
shall have come into force;<p>
<p>
(b) as from the date when the new revising Convention comes into force this 
Convention shall cease to be open to ratification by the Members.<p>
<p>
2. This Convention shall in any case remain in force in its actual form and 
content for those Members which have ratified it but have not ratified the 
revising Convention.<p>
<p>
Article 30<p>
<p>
The English and French versions of the text of this Convention are equally 
authoritative.<p>
      <p> <font size=-1> </font> </td>
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