INTRODUCTION

The main aim of occupational safety and health (OSH) is to lay down the legal framework for the implementation of social, economic, technical, preventive medical and organisational measures, as well as to ensure application of requirements defined in normative acts. Thus, rehabilitation of working environment, safety at work, reduction of accidents at work and professional diseases, and operation of a stable system of social guarantees arising from employment relations can be ensured.

Labour protection (OSH) plays an important role in the well-being and welfare of employees at workplaces, as an appropriately and efficiently developed OSH system both at national and at enterprise level provides safe and harmless conditions of work for employees. Ensuring safety and health protection at work allows to reduce the likelihood of accidents at work, prevents the possibility of the appearance of occupational diseases and prolongs the working life of employees. As a result, employees can enjoy sound rest after retirement instead of spending the rest of their lives in medical institutions in order to cure the injuries or occupational diseases acquired during their working life.

Improvement of the OSH system has taken a rapid pace in the recent years through elaboration of new normative acts, educating and informing social partners (employers and employees) and general public on the issues of occupational safety and health protection, improvement of tripartite co-operation with social partners, raising the administrative capacity and operational efficiency of State Labour Inspectorate and co-operation with EU member states within various projects.

The legal framework of the occupational safety and health protection system is set up by the Labour Protection Law adopted on 20 June 2001 and in force since 1 January 2002. The Labour Protection Law transposes the requirements and principles of EU Framework Directive on safety and health at work. The new Labour Protection Law replaces the Law „On Labour protection” of 4 May 1993. The necessity for replacement of the laws was determined not only by the orientation of Latvia towards the European Union, but also by the fact that the old law and its principles were outdated and did not actually ensure full safety and health protection of workers at work. The new Labour Protection Law and wherewith all OSH system is based on the “principle of prevention of damage” (establishment of safe and harmless work environment, risk assessment and prevention, adaptation of the workplace to the individual needs, etc.).

Alignment of the occupational safety and health legislation and its harmonisation with the requirements of the relevant EU legislation is a significant step forward, still it is not sufficient to ensure effective operation of the OSH system both at national and at enterprise level. It is essential to achieve implementation and actual practical application of the legislation, particularly at enterprise level. In order to facilitate implementation of the normative acts in the field of occupational safety and health and to promote awareness of these issues, harmonised, co-ordinated and efficient operation of institutions involved in labour protection system, consulting of employers and employees, as well as public information activities on occupational safety and health issues are of vital importance.

In order to promote co-operation with social partners (social dialogue) in the field of occupational safety and health, a new substructure of the National Tripartite Co-operation Council– Tripartite Co-operation Sub-Council for Labour Affairs (TCSLA) – was established covering issues of both labour legal relations and labour protection. The Subcouncil comprises representatives of the Ministry of Welfare, Ministry of Justice, State Labour Inspectorate, Latvian Free Trade Union Confederation (LFTUC) and Latvian Employers’ Confederation (LEC). Tripartite co-operation is successful as regards to the drafting of legislation. Representatives of social partners are included in the work groups for elaboration of normative acts.

Establishment of the Focal Point of the Bilbao Agency for Safety and Health at Work in the State Labour Inspectorate is an important step towards ensuring information flow and availability of up-to-date occupational safety and health protection information. The Focal Point will provide all users with updated information on occupational safety and health issues.

At present, the leading role in the operation of the occupational safety and health protection system is played by the Ministry of Welfare responsible for development, planning and co-ordination of the labour protection system and policy and by the State Labour Inspectorate under supervision of the Ministry which is the main supervisory and control institution in the field of labour protection.

CURRENT INSTITUTIONAL SYSTEM OF OCCUPATIONAL SAFETY AND HEALTH

 

					Soc.   partners

DESCRIPTION OF THE INSTITUTIONS INVOLVED IN THE

OSH SYSTEM

1.     The key institutions involved in development of OSH system

Ministry of Welfare (MoW)

Functions:

The main tasks of the Ministry of Welfare in the field of occupational safety and health are as follows:

·        to develop the national policy of labour protection and to facilitate its implementation;

·        to ensure elaboration of national labour protection legislation and its compliance with the EU and international legal acts in this field;

·        to promote creation of safe and harmless working environment, protection of the employees’ right to labour protection and social guarantees;

·        to facilitate the process of development of labour protection administration system;

·        to promote informing of employers and employees on occupational safety and health issues.

Co-operation with other institutions:

Under supervision and authority of the Ministry of Welfare, there is a number of institutions involved in the operation of occupational safety and health protection system. The structure of the Ministry of Welfare is based on several departments. In total, the Ministry of Welfare comprises 11 departments, out of which one – Labour Department – is directly responsible for the elaboration of labour protection policy and strategy and implementation thereof in the country, and three other (Social Protection Department (SPD), Environmental Health Department (EHD) and Health Department (HD)) are indirectly involved in the occupational safety and health protection system through the institutions under their supervision or authority.

The Ministry of Welfare mainly collaborates with all the institutions under its supervision and authority, including the key institution for supervision and control of the occupational safety and health protection system – State Labour Inspectorate. On a yearly basis, the MoW evaluates the work of SLI, and MoW has the right to recommend SLI to focus on a particular labour protection issue.

MoW closely co-operates with the Latvian Employers’ Confederation (LEC) and the Latvian Free Trade Union Confederation (LFTUC). In elaboration of new legislative acts in the field of labour protection, representatives of the social partners are involved in the process as from the initial stages of drafting legislation, thus providing them with an opportunity to voice their opinion and co-ordinate it as early as possible. Close co-operation is also taking place as regards to exchange of information on occupational safety and health issues.

Labour Department, in collaboration with State Labour Inspectorate, submits proposals on the preventive action plan elaborated by the State Social Insurance Agency (SSIA). 

State Labour Inspectorate (SLI)

SLI is the key control and supervisory institution in the field of labour protection operating under supervision of MoW.

Functions:

SLI operates in accordance with the Law on State Labour Inspectorate and its main tasks and functions are as follows:

·        To supervise and control implementation of the requirements of normative acts on employment relations, labour protection and technical surveillance of dangerous equipment;

·        To control fulfilment of the mutual obligations of employers and employees imposed by employment contracts and collective agreements;

·        To promote co-operation of employers and employees and to carry out measures to facilitate resolution of disputes between employer and employees;

·        To study the issues of employment legal relations, labour protection and technical surveillance of dangerous equipment;

·        To perform investigation and uniform registration of accidents at work and to participate in investigation of the cases of occupational diseases according to the procedure stipulated by normative acts;

·        To register dangerous equipment, to issue permits for commencement of utilisation of dangerous equipment and to investigate breakdowns of dangerous equipment according to the procedure stipulated by normative acts;

·        To control equipment at workplaces, utilisation of personal and collective protective equipment of the staff, utilisation of harmful and dangerous substances, as well observance of technological processes according to the requirements of normative acts;

·        To perform market surveillance of equipment, work equipment and personal and collective protective equipment of the staff;

·        To provide free of charge consultations to employers, employees and holders of dangerous equipment on the requirements of normative acts in the field of employment legal relations, labour protection and technical surveillance of dangerous equipment;

·        To organise establishment of the national Focal Point of the European Agency for Safety and Health at Work and to ensure its operation;

Co-operation with other institutions:

As SLI is one of the key institutions in the occupational safety and health protection system, it has the largest scope of co-operation partners. In the field of information exchange, SLI collaborates with:

·        SSIA – on registering of accidents at work;

·        SSI – on the issues within the scope of each of the Inspectorates (inspections of workplaces);

·        ESI - on the issues within the scope of each of the Inspectorates (inspections of workplaces);

·        TISR - on the issues within the scope of each of the Inspectorates (inspections of workplaces);

·        SCI – on issues related to approval of commencement of utilisation of construction objects and on the legality of construction works;

·        SEI – co-operation in evaluation of particularly dangerous objects (Serveso II directive) and in organisation of investigation of large scale industrial accidents (involving SEI, SFRS, SP and municipal representatives);

·        SEnI - on the issues within the scope of each of the Inspectorates (inspections of workplaces)

·        SJSC “Latvijas mezi” - on the issues within the scope of each of the Inspectorates (inspections of workplaces)

·        SRS – joint spot-checks for combating illegal employment, exchange of information on the number of enterprises, employees and employment contracts in the respective region;

·        CPCR – exchange of information on market surveillance issues, organisation of joint spot-checks on the compliance of PPE with the requirements of normative acts;

·        SP – invited to participate in inspections on illegal employment, involved in investigation of lethal and serious accidents;

·        LEC – co-operation agreement on exchange of information on labour protection issues, participation in working groups for problem solving, joint seminars and lectures on labour protection issues;

·        LFTUC - co-operation agreement on exchange of information on labour protection issues, participation in working groups for problem solving, joint seminars and lectures on labour protection issues;

·        IOEH – on the data necessary for diagnostics of occupational diseases, as well on diagnostics of occupational diseases issues.

National Tripartite Co-operation Council (NTCC) and

Tripartite Co-operation Sub-Council for Labour Affairs (TCSLA) 

NTCC is formed according to the principle of parity by representatives of the Cabinet of Ministers (CoM), Latvian Employers’ Confederation (LEC) and Latvian Free Trade Union Confederation (LFTUC).

TCSLA is a component of the institutional system of NTCC formed according to the principle of parity by the representatives of Government (Ministries of Welfare and Justice), LEC and LFTUC

Functions:

The main task of NTCC is to ensure and facilitate co-operation between the government, employers’ and employees’ (trade union) organisations at national level with the aim to secure co-ordinated solution of the problems of social and economic development that would be consistent with the public and governmental interests. This is done by elaboration and implementation of strategies, programmes and normative acts on social and economic issues targeted at safeguarding social stability and increasing welfare in the country and increasing the co-responsibility of social partners for the decisions taken and for their implementation.

In order to fulfil its tasks, NTCC performs the following functions:

examines draft concept papers, programmes, laws, Regulations of CoM and other normative acts and submits proposals on their improvement to the respective Ministry on the following issues: 

-) social security;

-) basic principles of state budget;

-) national economic development strategy and regional development;

-) health promotion;

-) development of general and vocational education;

-) employment, occupational classification;

-) implementation of the ratified conventions of International Labour Organisation (ILO) and proposals on ratification of conventions; draft reports by the government to ILO on application and execution of the ratified conventions in the country;

-) evaluation of legislation in relation to the European Social Charter;

-) proposals for improvement of laws and other normative acts in accordance with the requirements of the European Social Charter, ILO conventions and recommendations.

-) draft government reports to the Council of Europe on fulfilment of commitments on economic and social issues;

-) application of the decisions, recommendations and proposals of international organisations.

·        promotes co-operation at industry and regional level.

TCSLA ensures and promotes co-operation and participation of government, employers’ organisations and their associations and trade unions in improvement of the fields of  labour protection, regulation of industrial relations and equal opportunities in employment  relations. For this purpose, TCSLA performs the following key functions:

·        examines draft concept papers, programmes and normative acts, basic principles of state budget  as regards to labour protection, regulation of industrial relations and equal opportunities in employment  relations, elaborates proposals and provides opinion on documents before submission to  the Committee of the Cabinet of Ministers and NTCC;

·        participates in improvement of normative acts in the field of  labour protection, regulation of industrial relations and equal opportunities in employment  relations in accordance with the requirements of ILO conventions and recommendations as well as with other international commitments of the Republic of Latvia.;

·        participates in elaboration of proposals on ratification and denouncement of ILO conventions, examines draft government reports on fulfilment of international commitments in the field of labour protection, regulation of industrial relations and equal opportunities in employment  relations, and provides its opinion on these reports;

·        performs information and educational activities in employers’ organisations and their associations, as well as in trade unions and promotes co-operation at industry and regional level;

·        examines reports of State Labour Inspectorate on the state of play in the field of labour protection, regulation of industrial relations and equal opportunities in employment  relations;

·        at the end of each year, submits proposals for the draft estimates of TCSLA expenses for the following year.

Co-operation with other institutions:

By their essence and functions, NTCC and TCSLA are co-operation organisations providing framework  for co-operation of the representatives of government, employers and employees in decision making on labour protection issues..

2. Other institutions involved in the OSH (co-operation partners of the key institutions)

State Social Insurance Agency (SSIA)

Functions:

The main functions of the State Social Insurance Agency (SSIA) include administration of the special social insurance budgets (including insurance against accidents at work and occupational diseases) and the public social services. SSIA also performs channelling of the resources from the budget of occupational diseases and accidents to provision of preventive labour protection measures.

SSIA is the only institution that can provide financial support to dissemination of information according to its preventive functions. The Law „On Compulsory Social Insurance Against Accidents at Work and Occupational Diseases” prescribes „implementation of preventive measures to improve the working environment, to educate employers and employees, to prevent accidents at work and occupational diseases” as one of the key tasks. Besides that, the law envisages that  SSIA shall facilitate organisation of preventive measures according to the recommendations of State Labour Inspectorate and  stipulate employers to improve the working environment.

Co-operation with other institutions:

In exchange of information, SSIA co-operates with MoW, SLI, LEC, LFTUC, IOEH (also as regards to training), ORMC and other institutions. When planning preventive measures, SSIA consults MoW and SLI.

Institute of Occupational and Environmental Health (IOEH)

Medical Academy of Latvia (AML), also known as Riga Stradins University (RSU), is a higher education and research institution autonomous within the limits set by the Higher Educational Establishments Law. The structure of RSU comprises faculties, academic schools, institutes, chairs, centres, colleges, clinics, research and study laboratories performing educational, methodological and research activities in compliance with internal regulations approved by RSU. RSU is under supervision of the Ministry of Welfare.

Institute of Occupational and Environmental Health (IOEH) is an academic, scientific and medical structural unit of RSU that was established as a result of long standing collaboration between  the Laboratory of Hygiene and Occupational Diseases, Department of  Occupational and Environmental Medicine of RSU, as well as the Occupational and Radiation Medicine Centre  of P.Stradins Clinical University Hospital.

Functions:

The Institute of Occupational and Environmental Health (IOEH) performs training, information activities, scientific research and expert consulting services in the field of health protection and safety at work.

The main functions:

Scientific research

IOEH performs and co-ordinates research activities aimed at reduction of morbidity as regards to occupational diseases and work-related diseases, as well as of the frequency of accidents at work in the industries most significant in Latvia. IOEH has developed an excellent basis for research, as there are good basic technical facilities; it is possible to examine people both as in-patients and out-patients; the State Registry of occupational patients and persons exposed to radiation as a result of Chernobyl NPP provides information on all registered occupational patients and on the liquidators of the consequences of the accident. If funding and additional equipment is provided, the above mentioned resources enable implementation of extensive research.

Scientific research is valuable not only for risk identification and assessment, but also for administration and planning of occupational health and for organisation of training.

Information activities

-         IOEH is among the most active providers of OSH information in Latvia. The staff of IOEH have prepared and published 10 books on various issues of occupational health, 5 collections of articles and 34 training materials; the total number of publications in scientific journals and collections amounts to 1160, and the number of publications in popular-science magazines reaches 150.

-         Besides that, the staff of IOEH are continuously working on elaboration of training materials used in the training process and preparing materials disseminated through their homepage on the Internet.  IOEH has created a library dedicated to occupational health and safety issues which is accessible to students and other interested parties. Since 1996, IOEH has participated in the development of the Baltic Sea Region information network on OSH by taking on board the responsibilities of the Latvian focal point by preparing information for insertion on the homepage of the network. IOEH is also taking part in the establishment of the national Focal Point of the European Agency for Safety and Health at Work.

Clinical and diagnostic activities

IOEH performs high class early diagnostics and analysis of occupational diseases and other work-related pathologies, using the equipment and registry data of the Occupational and Radiation Medicine Centre of P.Stradins Clinical University Hospital. The experts of IOEH are involved in improvement of the early diagnostics of occupational diseases, development of rehabilitation measures as well as in analysis of morbidity data. The information contained in the database on occupational patients is regularly updated and used for research performed by IOEH to analyse the potentially most hazardous branches of industry. The staff of IOEH also provide qualified consultations, out-patient and in-patient treatment for the occupational patients residing in the republic, including persons with increased risk factors for development of occupational diseases.

Consultation activities

IOEH provides extensive consulting support on occupational health and safety issues. The experts of IOEH participate in drafting of normative acts in the field of occupational health and safety, and act as technical experts in the technical standardisation committees elaborating the standards necessary for occupational health and safety.

The Laboratory of Hygiene and Occupational Diseases of IOEH has been accredited for performance of measurement of the full scope of work environment risk factors. It is also the only laboratory in Latvia able to perform toxicological evaluation of substances. The Laboratory participates in control testing of laboratories in Latvia and on international scale. The experts of the laboratory provide extensive consultative support to employers and other interested persons on assessment and identification of work environment hazards, as well as perform laboratory measurements of work environment.

Training on occupational safety and health

  IOEH provides both undergraduate and postgraduate training:

Undergraduate training is provided for the students of medicine, dentistry, pharmacy, nursing, rehabilitation and public health. IOEH is the only institution with sufficient resources to ensure adequate training on both occupation health and occupational safety aspects.

At present, IOEH carries out postgraduate training: for residents – in occupational medicine, for students of Master’s programme – on occupational health, for candidates of doctoral degree – on occupational medicine and occupational health, for doctors – on occupational medicine, for intermediary medical personnel (occupational medicine nurses) etc.

Co-operation with other institutions:

IOEH co-operates with many institutions involved in the occupational safety and health protection system in two major strands: exchange of information on work environment issues (Ministry of Welfare, State Labour Inspectorate, Latvian Employers’ Confederation, Latvian Free Trade Union Confederation, State Social Insurance Agency, Latvian Environmental Agency, Radiation Safety Centre, Food Safety Centre) and training (Latvian Association of Occupational Physicians, Latvian Association of Occupational Health Specialists, Occupational and Radiation Medicine Centre and other educational establishments (University of Latvia, University of Agriculture, etc.).

Co-operation with the Ministry of Welfare usually takes place in the form of participation of IOEH experts in the process of drafting legislation and standards.

Public Health Agency (PHA)

Functions:

PHA is under direct supervision of the Ministry of Welfare (HD), and its aim is to promote public health by participating in implementation of national policy in the field of hygienic and epidemiological safety, to carry out surveillance of communicable and non-infectious diseases in the country, to inform and educate the public about topical public health issues.

Co-operation with other institutions:

Within its scope of competence, PHA co-operates with several public institutions dealing with labour protection issues – MoW LD, SLI, IOEH,  LEC. The experts of PHA take part in the working groups for drafting labour protection legislation to assist on issues related to different work environment risks.

State Sanitary Inspectorate (SSI)

Functions:

SSI is an institution under supervision of the EHD of the Ministry of Welfare performing surveillance of the implementation of epidemiological safety requirements  and hygienic requirements for the environment, ensuring the harmlessness requirements for drinking water and requirements for marketing and use of chemical substances and chemical products.

Co-operation with other institutions:

Within its scope of competence, SSI collaborates with SLI as regards to control and information exchange, as well as with the Public Health Agency, Environmental State Inspectorate, Latvian Environmental Agency, Centre for Protection of Consumers’ Rights and other institutions.

3. Representation of employers’ and employees’ interests

Latvian Employers’ Confederation (LEC)

LEC is an organisation of employers’ associations and employers of Latvia established  in accordance with the Law “On Employers’ Organisations and Their Associations” and the Law “On Non-Governmental Organisations and Their Associations”. Latvian employers’ organisations and individual employers unite in the Confederation on voluntary basis in order to represent and defend their economic, social and professional interests, as well as other interests corresponding to the objectives and functions of the Confederation, on the grounds of Laws in force in the Republic of Latvia and the decisions of the institutions of the Confederation.

The Members of LEC employ over one third of the whole labour force in Latvia. Membership of LEC covers the large enterprises and professional on industry associations uniting also small enterprises which are not able to acquire direct membership of LEC due to the limitation laid don in the Law  “On Employers’ Organisations and Their Associations” (i.e., that an enterprise should employ at least 50 employees).

Functions:

The objective of LEC is to promote strengthening and development of Latvian employers and their organisations as an important component of the economy of Latvia. For this purpose, LEC performs the following tasks and functions:

·        Represents the interests of employers’ organisations in their relations with trade unions, state and municipal institutions, at NTCC and its Subcouncils, as well as at international employers’ organisations;

·        Forms the policy of employers’ organisations;

·        Elaborates proposals on improvement of social and labour relations, on development of economic strategy, on organisation of vocational training consistent with economic development and the demands of the labour market, and submits them to state and municipal institutions; as well as carries out training of the members of employers organisations;

·        Collaborates with trade unions in preparation and conclusion of collective agreements as well as in other issues of employment relations;

·        Informs its members about normative acts in the economic and social area;

·        Participates in labour dispute settlement, including strikes;

·        Collects and analyses information on employers’ organisations and their associations, and informs general public about issues of concern to employers.

LEC also participates in dissemination of information by regularly informing the members of LEC about the news in the field of labour protection and by providing training on these issues.

LEC has established its own system for training of members (own premises, equipment, courses, training aid on implementation of the new Labour Protection Law has been developed, etc.)

Co-operation with other institutions

LEC has concluded co-operation agreements with SLI and LFTUC on exchange of information and implementation of information activities. LEC collaborates with MoW as regards to elaboration of new legislation in the field of labour protection by delegating representatives to the respective working groups.

Latvian Free Trade Union Confederation (LFTUC)

Independent industry trade unions and professional associations of trade unions of the Republic of Latvia are united by LFTUC on voluntary basis in order to defend the common interests and promote common objectives.

Functions:

The basic operation principles of LFTUC include equality of member organisations, implementation of common interests and democratic representation in the institutions of the Confederation, collegiate management, transparency, co-operation with those non-governmental organisations and movements in Latvia and abroad whose aims and actions facilitate implementation of trade union interests. The Confederation bases its activities on examination and analysis of the views of member organisations.

The objectives of LFTUC are to unite trade unions for fulfilment of common tasks, to represent, defend and extend the employment, economic and social rights of trade unionists; to extend the participation of trade unions in development of legitimate state and democratic society; to integrate into the world trade union movement.

The main tasks and functions of LFTUC are as follows:

·        To develop and implement a joint trade union action programme at national level, to co-ordinate and facilitate mutual co-operation of member organisations;

·        To represent LFTUC and its member organisations at public administration institutions, public prosecutor’s office, court, employers’ and other organisations, NTCC and it subcouncils;

·        To carry out expertise of laws, other normative acts and their drafts and to elaborate proposals on issues of relevance to the common rights and interests  of member organisations and their members; if necessary, to elaborate alternative drafts and to submit them to legislative and executive public institutions;

·        To provide legal counselling to member organisations on labour law and other issues related to employment contract;

·        To conclude agreements with employers’ organisations at national and inter-industry level on the terms of remuneration and guarantees of employment, social and economic rights for the members of trade unions;

·        To organise training of the leaders and staff  of member organisations and regional trade union centres;

·        To create a joint trade union information system;

·        To promote establishment of social interest protection funds, to participate in charity activities;

·        To submit proposals on increasing wages, pensions and social benefits as well as on changes in tax system, etc. to the government and  employers’ organisations at national and inter-industry level; to elaborate proposals on improvement of the system of remuneration for work and to submit them to the government;

·        To participate in elaboration of national economic development and employment programmes in order to facilitate job placement, vocational training and retraining of the population;

·        To participate in the international trade union movement and to facilitate development of international contacts of member organisations;

·        To facilitate election of trade union representatives to state and municipal institutions;

·        To organise and lead joint actions accepted by member organisations for achieving the aims of trade unions (meetings, demonstrations, pickets, strikes, etc.);

·        To promote solution of gender equality issues;

·        To promote involvement of all employees, particularly youth, in trade unions;

·        To facilitate alignment of the fields of competence of member organisations and mergers of related industry trade unions, to facilitate dispute settlement among member organizations.

With the aim to ensure co-ordination and methodological management of labour protection issues, the Labour Protection Committee was established within the framework of LFTUC. The main tasks of the committee are as follows:

·        To co-ordinate the activities of LFTUC and industry trade unions in the field of labour protection;

·        To facilitate co-operation of employers and trade unions on occupational safety and health;

·        To elaborate recommendations to trade unions on labour protection measures;

·        To examine and approve draft laws and other normative documents on labour protection;

·        To improve the curriculum and conditions of the labour protection training course;

·        To analyse situation in the country in the field of occupational safety and health and to submit proposals on improvement of situation to LFTUC, public administration institutions and employers;

·        To organise information days for the chief trusted representatives of trade unions in the field of labour protection.

The training centre of LFTUC organises continuous labour protection  training courses for trusted representatives and persons appointed by employers.

Co-operation with other institutions

LFTUC has concluded co-operation agreements with SLI and LEC on exchange of information and implementation of information activities.

LFTUC participates in the work of NTCC.  LFTUC collaborates with MoW as regards to elaboration of new legislation in the field of labour protection by delegating representatives to the respective working groups.

4. Enterprise level

Employer

Functions:

Employer is the chief subject responsible for meeting the labour protection requirements in the enterprise.

The main tasks and functions that have to be undertaken by the employer are as follows:

§          to organise and provide the functioning of labour protection system in the enterprise, by performing the risk assessment of work environment, planning its prevention, and carrying out the internal monitoring of working environment, establishment of the organisational structure of labour protection and consulting with employees in order to engage them in the improvement of labour protection;

§          to ensure activities necessary for the provision of first aid, restriction or elimination of dangerous equipment accident effects, fire-extinguishing, evacuation of employees or other persons;

§          to secure investigation of accidents at work and their registration;

§          to provide instructions and training of employees and trusted representatives in the field of labour protection;

§          to ensure a compulsory health control of employees, etc.

Co-operation with other institutions:

Employer co-operates with employees and trusted representatives in labour protection issues within the enterprise. Employer organises the work of an OSH specialist or the internal OSH structural unit.

In case of necessity, employer attracts laboratories for working environment measuring, as well as other required specialists. Employer also co-operates with institutions involved in the labour protection system, mainly the State Labour Inspectorate and other inspections, performing his/hers enterprise inspection, by providing these institutions with the requested information on the enterprise and its operation.

Employees

An employee is a person whose security and health protection is taken care of by the employer and the whole labour protection system at large, both institutional and legislative. Everything is directed to ensure a safe and harmless working environment for the employee and his/her colleagues.

Functions:

The employee himself/herself has to follow and perform certain responsibilities and tasks in the field of labour protection, in order to secure his/hers and his/hers colleagues’ security and health protection at the workplace.

Employee has the following responsibilities in the field of labour protection:

§          to take care of his/her own safety and health as well as safety and health of those persons actually or potentially subjected to the influence of the employee’s work;

§          to use work equipment, dangerous substances, transportation and other means of production in line with the documentation defined in normative acts (manufacturer’s instructions, security data sheets of chemical substances and chemical products, etc.)

§          to use collective preventive means and individual preventive means given under one’s disposal in accordance with the documentation defined in normative acts (manufacturer’s instructions, security data sheets of chemical substances and chemical products, etc.), and to store the respective preventive means in the provided place;

§          to take notice of security signs and to use security devices provided for work facilities and workplace in accordance with the documentation defined in normative acts (manufacturer’s instructions, security data sheets of chemical substances and chemical products, etc.), and to keep from an arbitrary starting, modification or relocation of the respective security equipment;

§          to bring to immediate notice of employer, direct work supervisor or OSH specialist an accident at work, as well as any other working environment factors actually or potentially causing risk to the personal safety and health, and bottlenecks in the labour protection system of the enterprise;

§          to take part in the instructing and training in the field of labour protection organised by the employer;

§          to co-operate with the employer or OSH specialist in order to meet the requirements included in the adjudgements, notifications, instructions or resolutions of the State Labour Inspectorate on the labour protection system of the enterprise;

§          to co-operate with employer or OSH specialist in the provision of secure working environment and conditions to avoid endangerment of the employee’s safety and health;

§          to attend the compulsory health control in line with the employer’s direction.

Co-operation with other institutions:

Employee co-operates with the employer and his/her assigned OSH specialist in the field of labour protection, by providing him/her with all the necessary information that could help to improve the working environment in the enterprise, especially when risk assessment of the employee’s workplace and planning of labour protection measures are carried out, as well as by warning the employer or his/her representative about direct or imminent danger (risk factors).

Trusted representatives

Functions:

Trusted representative is a person elected by employees, who is trained in labour protection issues and represents employees’ interests in labour protection.

Employer provides trusted representatives with the required resources and allocates time for them within the working hours set for the obligation performance of trusted representatives in the collective agreement or some other written agreement between employer and employees, in order for the trusted representative to be able to fulfil his/her rights and duties in the field of labour protection.

Trusted representative performs the following functions in the field of labour protection:

§          to take part in the risk assessment of working environment, planning of labour protection activities, and examination of their efficiency, as well as assessment of work equipment adequacy;

§          to take part in the investigation of accidents at work and in the putting into operation of production equipment and objects, as well as in the internal surveillance of working environment;

§          to receive the normative acts, normative-technical documentation, instructions and other labour protection regulations, as well as explanations and other information in regard to labour protection from the employer;

§          to request the employer to carry out all labour protection activities and to come up with suggestions, with their realisation directed towards elimination or diminishing of risk for employees’ safety and health.

Trusted representative has the following rights:

§          to express freely a grounded opinion of employees, as well as his/her own views on the organisation and implementation of labour protection system of the enterprise;

§          to suggest the employer to carry out measurement of working environment risk factors, in case complaints by employees on working environment risk factors harmful for health have been received, there has been an accident, or serious and direct endangerment of employee’s life and health has occurred;

§          to come up with suggestions for the employer to sign an agreement on labour protection, to take part in negotiations on the labour common agreement terms and amendments in the field of labour protection;

§          to get access to the workplaces in accordance with the arrangements set in the enterprise.

Co-operation with other institutions:

In performing their duties in the field of labour protection, trusted representatives co-operate with the employer and the OSH specialists assigned by him/her, by carrying out common workplace inspection, making suggestions on the required changes in the labour protection system of the enterprise, and other labour protection issues.

Trusted representatives also co-operate with representatives from the State Labour Inspectorate, by providing them with information on the situation in the enterprise in regard to labour protection, as well as by taking part in the investigation of accidents.

Committees of trusted representatives

Functions:

Provided that at least 10 trusted representatives have been elected in the enterprise, it forms a committee of trusted representatives co-ordinating the activities of trusted representatives.

Committee of trusted representatives of the enterprise or its structural unit has the following obligations:

§          to co-ordinate the activities of trusted representatives;

§          to co-operate with employer and/or OSH specialist, managers of structural units and the chief trusted representatives of structural units in labour protection issues;

§          to co-ordinate the operation of committees of trusted representatives of structural units.

Co-operation with other institutions:

In performing its tasks in the field of labour protection, the committee of trusted representatives co-operates with employer and the OSH specialist assigned by him/her, by carrying out common workplace inspections, making suggestions on the necessary changes in the protection system of the enterprise and other labour protection issues.

Trusted representatives also co-operate with representatives from the State Labour Inspectorate, by providing them with information on the situation in the enterprise in regard to labour protection, as well as by taking part in the investigation of accidents.

OSH specialists

Functions:

OSH specialists are employees assigned by the employer responsible for the organisation and control of labour protection activities and the internal surveillance of working environment, incl. risk assessment of working environment in the enterprise. The obligation of the employer is to provide this person with an adequate training.

Co-operation with other institutions:

In performing his/her tasks and duties, the OSH specialist co-operates with employees and trusted representative of the enterprise. The OSH specialist informs the employer on all the issues regarding labour protection at the enterprise. In case of necessity, OSH specialists co-operate with the State Labour Inspectorate, by providing it with the requested information on the situation with labour protection at the enterprise.