Chemical Safety in Asia: Law and PracticeAnnexes |
The General Conference of the International Labour Organisation,
Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 77th Session on 6 June 1990, and
Noting the relevant international labour Conventions and Recommendations and, in particular, the Benzene Convention and Recommendation, 1971, the Occupational Cancer Convention and Recommendation, 1974, the Working Environment (Air Pollution, Noise and Vibration) Convention and Recommendation, 1977, the Occupational Safety and Health Convention and Recommendation, 1981, the Occupational Health Services Convention and Recommendation, 1985, the Asbestos Convention and Recommendation, 1986, and the list of occupational diseases, as amended in 1980, appended to the Employment Injury Benefits Convention, 1964, and
Noting that the protection of workers from the harmful effects of chemicals also enhances the protection of the general public and the environment, and
Noting that workers have a need for, and right to, information about the chemicals they use at work, and
Considering that it is essential to prevent or reduce the incidence of chemically induced illnesses and injuries at work by:
(a) ensuring that all chemicals are evaluated to determine their hazards;
(b) providing employers with a mechanism to obtain from suppliers information about the chemicals used at work so that they can implement effective programmes to protect workers from chemical hazards;
(c) providing workers with information about the chemicals at their workplaces, and about appropriate preventive measures so that they can effectively participate in protective programmes;
(d) establishing principles for such programmes to ensure that chemicals are used safely, and
Having regard to the need for co-operation within the International Programme on Chemical Safety between the International Labour Organisation, the United Nations Environment Programme and the World Health Organisation as well as with the Food and Agriculture Organisation of the United Nations and the United Nations Industrial Development Organisation, and noting the relevant instruments, codes and guide-lines promulgated by these organisations, and
Having decided upon the adoption of certain proposals with regard to safety in the use of chemicals at work, which is the fifth item on the agenda of the session, and
Having determined that these proposals shall take the form of an international Convention,
adopts this twenty-fifth day of June of the year one thousand nine hundred and ninety the following Convention, which may be cited as the Chemicals Convention, 1990:
PART I. SCOPE AND DEFINITIONS
Article 1
1. This Convention applies to all branches of economic activity in which chemicals are used.
2. The competent authority of a Member ratifying this Convention, after consulting the most representative organisations of employers and workers concerned, and on the basis of an assessment of the hazards involved and the protective measures to be applied:
(a) may exclude particular branches of economic activity, undertakings or products from the application of the Convention, or certain provisions thereof, when:
(i) special problems of a substantial nature arise; and
(ii) the overall protection afforded in pursuance of national law and practice is not inferior to that which would result from the full application of the provisions of the Convention;
(b) shall make special provision to protect confidential information whose disclosure to a competitor would be liable to cause harm to an employer's business so long as the safety and health of workers are not compromised thereby.
3. This Convention does not apply to articles which will not expose workers to a hazardous chemical under normal or reasonably foreseeable conditions of use.
4. This Convention does not apply to organisms, but does apply to chemicals derived from organisms.
Article 2
For the purposes of this Convention:
(a) the term "chemicals" means chemical elements and compounds, and mixtures thereof, whether natural or synthetic;
(b) the term "hazardous chemical" includes any chemical which has been classified as hazardous in accordance with Article 6 or for which relevant information exists to indicate that the chemical is hazardous;
(c) the term "use of chemicals at work" means any work activity which may expose a worker to a chemical, including:
(i) the production of chemicals;
(ii) the handling of chemicals;
(iii) the storage of chemicals;
(iv) the transport of chemicals;
(v) the disposal and treatment of waste chemicals;
(vi) the release of chemicals resulting from work activities;
(vii) the maintenance, repair and cleaning of equipment and containers for chemicals;
(d) the term "branches of economic activity" means all branches in which workers are employed, including the public service;
(e) the term "article" means an object which is formed to a specific shape or design during its manufacture or which is in its natural shape, and whose use in that form is dependent in whole or in part on its shape or design;
(f) the term "workers' representatives" means persons who are recognised as such by national law or practice, in accordance with the Workers' Representatives Convention, 1971.
PART II. GENERAL PRINCIPLES
Article 3
The most representative organisations of employers and workers concerned shall be consulted on the measures to be taken to give effect to the provisions of this Convention.
Article 4
In the light of national conditions and practice and in consultation with the most representative organisations of employers and workers, each Member shall formulate, implement and periodically review a coherent policy on safety in the use of chemicals at work.
Article 5
The competent authority shall have the power, if justified on safety and health grounds, to prohibit or restrict the use of certain hazardous chemicals, or to require advance notification and authorisation before such chemicals are used.
PART III. CLASSIFICATION AND RELATED MEASURES
Article 6
CLASSIFICATION SYSTEMS
1. Systems and specific criteria appropriate for the classification of all chemicals according to the type and degree of their intrinsic health and physical hazards and for assessing the relevance of the information required to determine whether a chemical is hazardous shall be established by the competent authority, or by a body approved or recognised by the competent authority, in accordance with national or international standards.
2. The hazardous properties of mixtures composed of two or more chemicals may be determined by assessments based on the intrinsic hazards of their component chemicals.
3. In the case of transport, such systems and criteria shall take into account the United Nations Recommendations on the transport of dangerous goods.
4. The classification systems and their application shall be progressively extended.
Article 7
LABELLING AND MARKING
1. All chemicals shall be marked so as to indicate their identity.
2. Hazardous chemicals shall in addition be labelled, in a way easily understandable to the workers, so as to provide essential information regarding their classification, the hazards they present and the safety precautions to be observed.
3. (1) Requirements for marking or labelling chemicals pursuant to paragraphs 1 and 2 of this Article shall be established by the competent authority, or by a body approved or recognised by the competent authority, in accordance with national or international standards.
(2) In the case of transport, such requirements shall take into account the United Nations Recommendations on the transport of dangerous goods.
Article 8
CHEMICAL SAFETY DATA SHEETS
1. For hazardous chemicals, chemical safety data sheets containing detailed essential information regarding their identity, supplier, classification, hazards, safety precautions and emergency procedures shall be provided to employers.
2. Criteria for the preparation of chemical safety data sheets shall be established by the competent authority, or by a body approved or recognised by the competent authority, in accordance with national or international standards.
3. The chemical or common name used to identify the chemical on the chemical safety data sheet shall be the same as that used on the label.
Article 9
RESPONSIBILITIES OF SUPPLIERS
1. Suppliers of chemicals, whether manufacturers, importers or distributors, shall ensure that:
(a) such chemicals have been classified in accordance with Article 6 on the basis of knowledge of their properties and a search of available information or assessed in accordance with paragraph 3 below;
(b) such chemicals are marked so as to indicate their identity in accordance with Article 7, paragraph 1;
(c) hazardous chemicals they supply are labelled in accordance with Article 7, paragraph 2;
(d) chemical safety data sheets are prepared for such hazardous chemicals in accordance with Article 8, paragraph 1, and provided to employers.
2. Suppliers of hazardous chemicals shall ensure that revised labels and chemical safety data sheets are prepared and provided to employers, by a method which accords with national law and practice, whenever new relevant safety and health information becomes available.
3. Suppliers of chemicals which have not yet been classified in accordance with Article 6 shall identify the chemicals they supply and assess the properties of these chemicals on the basis of a search of available information in order to determine whether they are hazardous chemicals.
PART IV. RESPONSIBILITIES OF EMPLOYERS
Article 10
IDENTIFICATION
1. Employers shall ensure that all chemicals used at work are labelled or marked as required by Article 7 and that chemical safety data sheets have been provided as required by Article 8 and are made available to workers and their representatives.
2. Employers receiving chemicals that have not been labelled or marked as required under Article 7, or for which chemical safety data sheets have not been provided as required under Article 8, shall obtain the relevant information from the supplier or from other reasonably available sources, and shall not use the chemicals until such information is obtained.
3. Employers shall ensure that only chemicals which are classified in accordance with Article 6 or identified and assessed in accordance with Article 9, paragraph 3, and labelled or marked in accordance with Article 7 are used and that any necessary precautions are taken when they are used.
4. Employers shall maintain a record of hazardous chemicals used at the workplace, cross-referenced to the appropriate chemical safety data sheets. This record shall be accessible to all workers concerned and their representatives.
Article 11
TRANSFER OF CHEMICALS
Employers shall ensure that when chemicals are transferred into other containers or equipment, the contents are indicated in a manner which will make known to workers their identity, any hazards associated with their use and any safety precautions to be observed.
Article 12
EXPOSURE
Employers shall:
(a) ensure that workers are not exposed to chemicals to an extent which exceeds exposure limits or other exposure criteria for the evaluation and control of the working environment established by the competent authority, or by a body approved or recognised by the competent authority, in accordance with national or international standards;
(b) assess the exposure of workers to hazardous chemicals;
(c) monitor and record the exposure of workers to hazardous chemicals when this is necessary to safeguard their safety and health or as may be prescribed by the competent authority;
(d) ensure that the records of the monitoring of the working environment and of the exposure of workers using hazardous chemicals are kept for a period prescribed by the competent authority and are accessible to the workers and their representatives.
Article 13
OPERATIONAL CONTROL
1. Employers shall make an assessment of the risks arising from the use of chemicals at work, and shall protect workers against such risks by appropriate means, such as:
(a) the choice of chemicals that eliminate or minimise the risk;
(b) the choice of technology that eliminates or minimises the risk;
(c) the use of adequate engineering control measures;
(d) the adoption of working systems and practices that eliminate or minimise the risk;
(e) the adoption of adequate occupational hygiene measures;
(f) where recourse to the above measures does not suffice, the provision and proper maintenance of personal protective equipment and clothing at no cost to the worker, and the implementation of measures to ensure their use.
2. Employers shall:
(a) limit exposure to hazardous chemicals so as to protect the safety and health of workers;
(b) provide first aid;
(c) make arrangements to deal with emergencies.
Article 14
DISPOSAL
Hazardous chemicals which are no longer required and containers which have been emptied but which may contain residues of hazardous chemicals, shall be handled or disposed of in a manner which eliminates or minimises the risk to safety and health and to the environment, in accordance with national law and practice.
Article 15
INFORMATION AND TRAINING
Employers shall:
(a) inform the workers of the hazards associated with exposure to chemicals used at the workplace;
(b) instruct the workers how to obtain and use the information provided on labels and chemical safety data sheets;
(c) use the chemical safety data sheets, along with information specific to the workplace, as a basis for the preparation of instructions to workers, which should be written if appropriate;
(d) train the workers on a continuing basis in the practices and procedures to be followed for safety in the use of chemicals at work.
Article 16
CO-OPERATION
Employers, in discharging their responsibilities, shall co-operate as closely as possible with workers or their representatives with respect to safety in the use of chemicals at work.
PART V. DUTIES OF WORKERS
Article 17
1. Workers shall co-operate as closely as possible with their employers in the discharge by the employers of their responsibilities and comply with all procedures and practices relating to safety in the use of chemicals at work.
2. Workers shall take all reasonable steps to eliminate or minimise risk to themselves and to others from the use of chemicals at work.
PART VI. RIGHTS OF WORKERS AND THEIR REPRESENTATIVES
Article 18
1. Workers shall have the right to remove themselves from danger resulting from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health, and shall inform their supervisor immediately.
2. Workers who remove themselves from danger in accordance with the provisions of the previous paragraph or who exercise any other rights under this Convention shall be protected against undue consequences.
3. Workers concerned and their representatives shall have the right to:
(a) information on the identity of chemicals used at work, the hazardous properties of such chemicals, precautionary measures, education and training;
(b) the information contained in labels and markings;
(c) chemical safety data sheets;
(d) any other information required to be kept by this Convention.
4. Where disclosure of the specific identity of an ingredient of a chemical mixture to a competitor would be liable to cause harm to the employer's business, the employer may, in providing the information required under paragraph 3 above, protect that identity in a manner approved by the competent authority under Article 1, paragraph 2(b).
PART VII. RESPONSIBILITY OF EXPORTING STATES
Article 19
When in an exporting member State all or some uses of hazardous chemicals are prohibited for reasons of safety and health at work, this fact and the reasons for it shall be communicated by the exporting member State to any importing country.
Article 20
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 21
1. This Convention shall be binding only upon those Members of the International Labour Organisation whose ratifications have been registered with the Director-General.
2. It shall come into force twelve months after the date on which the ratifications of two Members have been registered with the Director-General.
3. Thereafter, this Convention shall come into force for any Member twelve months after the date on which its ratification has been registered.
Article 22
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.
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.
Article 23
1. The Director-General of the International Labour Office shall notify all Members of the International Labour Organisation of the registration of all ratifications and denunciations communicated to him by the Members of the Organisation.
2. When notifying the Members of the Organisation of the registration of the second ratification communicated to him, the Director-General shall draw the attention of the Members of the Organisation to the date upon which the Convention will come into force.
Article 24
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 denunciation registered by him in accordance with the provisions of the preceding Articles.
Article 25
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.
Article 26
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides:
(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 22 above, if and when the new revising Convention shall have come into force;
(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.
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.
Article 27
The English and French versions of the text of this Convention are equally authoritative.
The General Conference of the International Labour Organization,
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
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
Noting also the ILO Code of practice on the prevention of major industrial accidents,** published in 1991, and
Having regard to the need to ensure that all appropriate measures are taken to:
(a) prevent major accidents;
(b) minimize the risks of major accidents;
(c) minimize the effects of major accidents, and
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
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
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
Having determined that these proposals shall take the form of an international Convention,
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:
PART I. SCOPE AND DEFINITIONS
Article 1
1. The purpose of this Convention is the prevention of major accidents involving hazardous substances and the limitation of the consequences of such accidents.
* Ed.: This Convention was due to come into force on 3 January 1997.
** Ed.: Prevention of major industrial accidents: An ILO code of practice (Geneva, ILO, 1991).
2. This Convention applies to major hazard installations.
3. This Convention does not apply to:
(a) nuclear installations and plants processing radioactive substances except for facilities handling non-radioactive substances at these installations;
(b) military installations;
(c) transport outside the site of an installation other than by pipeline.
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.
Article 2
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.
Article 3
For the purposes of this Convention:
(a) the term "hazardous substance" means a substance or mixture of substances which by virtue of chemical, physical or toxicological properties, either singly or in combination, constitutes a hazard;
(b) the term "threshold quantity" 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;
(c) the term "major hazard installation" 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;
(d) the term "major accident" 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;
(e) the term "safety report" 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;
(f) the term "near miss" 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.
PART II. GENERAL PRINCIPLES
Article 4
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.
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.
Article 5
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.
2. The system mentioned in paragraph 1 above shall be regularly reviewed and updated.
Article 6
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.
PART III. RESPONSIBILITIES OF EMPLOYERS
IDENTIFICATION
Article 7
Employers shall identify any major hazard installation within their control on the basis of the system referred to in Article 5.
NOTIFICATION
Article 8
1. Employers shall notify the competent authority of any major hazard installation which they have identified:
(a) within a fixed time-frame for an existing installation;
(b) before it is put into operation in the case of a new installation.
2. Employers shall also notify the competent authority before any permanent closure of a major hazard installation.
ARRANGEMENTS AT THE LEVEL OF THE INSTALLATION
Article 9
In respect of each major hazard installation employers shall establish and maintain a documented system of major hazard control which includes provision for:
(a) the identification and analysis of hazards and the assessment of risks including consideration of possible interactions between substances;
(b) technical measures, including design, safety systems, construction, choice of chemicals, operation, maintenance and systematic inspection of the installation;
(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;
(d) emergency plans and procedures, including:
(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;
(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;
(iii) any necessary consultation with such authorities and bodies;
(e) measures to limit the consequences of a major accident;
(f) consultation with workers and their representatives;
(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.
SAFETY REPORT
Article 10
1. Employers shall prepare a safety report based on the requirements of Article 9.
2. The report shall be prepared:
(a) in the case of existing major hazard installations, within a period after notification prescribed by national laws or regulations;
(b) in the case of any new major hazard installation, before it is put into operation.
Article 11
Employers shall review, update and amend the safety report:
(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;
(b) when developments in technical knowledge or in the assessment of hazards make this appropriate;
(c) at intervals prescribed by national laws or regulations;
(d) at the request of the competent authority.
Article 12
Employers shall transmit or make available to the competent authority the safety reports referred to in Articles 10 and 11.
ACCIDENT REPORTING
Article 13
Employers shall inform the competent authority and other bodies designated for this purpose as soon as a major accident occurs.
Article 14
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.
2. The report shall include recommendations detailing actions to be taken to prevent a recurrence.
PART IV. RESPONSIBILITIES OF COMPETENT AUTHORITIES
OFF-SITE EMERGENCY PREPAREDNESS
Article 15
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.
Article 16
The competent authority shall ensure that:
(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;
(b) warning is given as soon as possible in the case of a major accident;
(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.
SITING OF MAJOR HAZARD INSTALLATIONS
Article 17
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.
INSPECTION
Article 18
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.
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.
Article 19
The competent authority shall have the right to suspend any operation which poses an imminent threat of a major accident.
PART V. RIGHTS AND DUTIES OF WORKERS AND
THEIR REPRESENTATIVES
Article 20
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:
(a) be adequately and suitably informed of the hazards associated with the major hazard installation and their likely consequences;
(b) be informed of any orders, instructions or recommendations made by the competent authority;
(c) be consulted in the preparation of, and have access to, the following documents:
(i) the safety report;
(ii) emergency plans and procedures;
(iii) accident reports;
(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;
(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;
(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.
Article 21
Workers employed at the site of a major hazard installation shall:
(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;
(b) comply with all emergency procedures should a major accident occur.
PART VI. RESPONSIBILITY OF EXPORTING STATES
Article 22
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.
PART VII. FINAL PROVISIONS
Article 23
The formal ratifications of this Convention shall be communicated to the Director-General of the International Labour Office for registration.
Article 24
1. This Convention shall be binding only upon those Members of the International Labour Organization whose ratifications have been registered with the Director-General.
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.
3. Thereafter, this Convention shall come into force for any Member 12 months after the date on which its ratification has been registered.
Article 25
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.
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.
Article 26
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.
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.
Article 27
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.
Article 28
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.
Article 29
1. Should the Conference adopt a new Convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides --
(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;
(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.
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.
Article 30
The English and French versions of the text of this Convention are equally authoritative. ISBN 92-2-110889-9
Endnote 1:
Ed.: This Convention came into force on 4 November 1993.
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