Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
20 November 2003 [shall
come into force from 25 December 2003];
16 December 2004 [shall come into force from 11 January
2005];
25 March 2010 [shall come into force from 28 April
2010];
3 October 2019 [shall come into force from 1 July
2020];
31 October 2019 [shall come into force from 3 December
2019].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
Labour
Protection Law
Chapter I
General Provisions
Section 1. Terms Used in this
Law
The following terms are used in this Law:
1) labour protection - safety and health of employees
at work;
2) labour protection measures - legal, economic,
social, technical and organisational preventive measures the
objective of which is to establish a safe and harmless to health
working environment, and also prevent accidents at work and
occupational diseases;
3) labour protection specialist - an employee of an
undertaking or a person in service relationships who has the
obligation to organise and control labour protection measures and
to perform internal supervision of the working environment, and
who has been trained in accordance with the procedures laid down
by the Cabinet;
4) work equipment - any device (machine, machinery),
apparatus, tool or facility used at work;
5) employer - a natural person, a legal person, or a
partnership with legal capacity employing at least one
employee;
6) working environment - the workplace with its
physical, chemical, psychological, biological, physiological and
other factors to which an employee is subject when performing his
or her work;
7) internal supervision of the working environment -
the planning, organisation, implementation, and management of the
activities of an undertaking in such a way as to guarantee a safe
and harmless to health working environment;
8) working environment risks - the likelihood that harm
to the safety or health of employees in the working environment
may occur and the level of possible seriousness of such harm;
9) workplace - a place where an employee performs his
or her work, and also any other place within the scope of the
undertaking accessible to the employee in the course of work or
where the employee works by the permission or order of the
employer;
10) competent authority - an authority which performs
internal supervision of the working environment in an undertaking
on the basis of a relevant contract as a provider of outsourced
service and whose competence in respect of labour protection
issues has been evaluated in accordance with the procedures laid
down by the Cabinet;
11) competent specialist - a specialist who performs
internal supervision of the working environment in an undertaking
on the basis of a relevant contract as a provider of outsourced
service and whose competence in respect of labour protection
issues has been evaluated in accordance with the procedures laid
down by the Cabinet;
12) consultation - an exchange of views and
establishment of a dialogue between the representatives of
employees and the employer in order to reach an agreement;
13) employee - any natural person employed by an
employer, including State civil servants and persons employed
during production or training practice;
14) representatives of employees - an employees' trade
union in whose name acts an authority of the trade union or an
official authorised by the articles of association thereof, and
authorised representatives of employees the authority of which
does not include the right belonging only to the employee trade
unions;
15) serious and imminent danger - threats to the life
and health of an employee which may occur unexpectedly, in a
short period of time and irrevocably affect the health of the
employee;
16) preventative measures - an action or measures taken
or planned in an undertaking for all stages of work in order to
prevent or reduce working environment risks;
17) undertaking - an organisational unit where an
employer employs employees;
18) trusted representative - a person elected by
employees who is trained in accordance with the procedures
stipulated by the Cabinet and who represents the interests of
employees regarding labour protection;
19) special risks - working environment risks related
to such an increased psychological or physical load or such
increased risks to the safety and health of an employee which
cannot be prevented or reduced up to the permissible level by
other labour protection measures, only by reducing the working
hours during which the employee is exposed to such risks;
20) remote work - such way of work performance that the
work which could be performed by an employee within the scope of
the undertaking of an employer is permanently or regularly
performed outside the undertaking, including the work performed
by using information and communication technologies. The work
which due to its nature is related to regular movement shall not
be regarded to be remote work within the meaning of this Law;
21) self-employed person - a natural person who
performs work independently and is not regarded to be an employee
within the meaning of this Law;
22) direct threats - a working environment risk which
has led to or may lead to the death of the employee or infliction
of serious disorders to his or her health.
[16 December 2004; 25 March 2010; 3 October 2019]
Section 2. Purpose of the Law
The purpose of this Law is to guarantee and improve safety and
health protection of employees and self-employed persons at work
by determining obligations, rights, and mutual relations in
labour protection between employers, employees and their
representatives, self-employed persons, and also State
authorities.
[3 October 2019]
Section 3. Scope of Application of
this Law
This Law shall be applicable in all fields of employment if it
is not laid down otherwise in other laws.
Section 4. General Principles of
Labour Protection
(1) An employer shall take labour protection measures in
accordance with the following general principles of labour
protection:
1) establishing the working environment in such a way as to
avoid working environment risks or to reduce the effect of
unavoidable working environment risks;
2) preventing the working environment risks at source;
3) adapting the work to the individual, mainly as regards the
choice of design of the workplace, the work equipment, and also
the working and production methods paying special attention to
alleviating monotonous work and work at a predetermined work-rate
and to reducing negative effect thereof on health;
4) taking into account technical, hygiene, and medical
progress;
5) replacing the dangerous by the safe or the less
dangerous;
6) developing a coordinated and comprehensive system of labour
protection measures;
7) giving priority to collective labour protection measures in
comparison with individual labour protection measures;
8) preventing the effect of the working environment risks on
the safety and health of those employees for whom in accordance
with laws and regulations special protection has been
determined;
9) performing employee instruction and training in the field
of labour protection;
10) co-operating in the field of labour protection with the
employees and the trusted representatives.
(2) A self-employed person, in conformity with the general
labour protection principles laid down in Paragraph one of this
Section, has an obligation to take care of his or her safety and
health at work, and also safety and health of those persons who
are affected or may be affected by his or her work.
[3 October 2019]
Chapter
II
Obligations and Rights of Employers
Section 5. Organising a Labour
Protection System
(1) In accordance with the general principles of labour
protection, an employer has an obligation to organise a labour
protection system which includes:
1) internal supervision of the working environment, including
evaluation of the working environment risks;
2) establishment of an organisational structure of the labour
protection;
3) consultation with employees in order to involve them in
improvement of labour protection.
(2) An employer has an obligation to ensure the functioning of
the labour protection system in the undertaking.
(3) Expenditures related to labour protection shall be covered
by the employer, and also in accordance with the procedures laid
down in law - from the special budget of occupational
accidents.
[25 March 2010]
Section 6. Rights of Employers
When organising labour protection in an undertaking, an
employer has the following right:
1) in accordance with law, to apply disciplinary sanctions to
employees in respect of violations of the laws and regulations
regarding labour protection and other provisions regarding labour
protection, and also non-fulfilment of the requirements of the
employer regarding labour protection issues;
2) to determine additional training related to labour
protection issues for the employee who has violated the laws and
regulations regarding labour protection or other provisions
regarding labour protection if such a violation has not caused
risks to the safety and health of other persons by retaining
minimum salary to the employee during the training period;
3) to apply a method and standards for evaluation of the
working environment risks conforming to the technical and
economic resources, type of commercial activities, and working
conditions of the undertaking;
4) to determine the guarantees and reliefs for the employees
in the field of labour protection in addition to the guarantees
and reliefs specified in laws and regulations;
5) to propose to enter into an agreement with employees for
determination of labour protection measures, the amount of means
necessary and the procedures for utilisation thereof in
accordance with the requirements of the laws and regulations
regarding labour protection;
6) to contest the warnings, orders, or decisions of officials
of the State Labour Inspectorate in accordance with the
procedures laid down in the law;
7) to use the solutions of information technologies in
documenting of the processes related to labour protection,
including in documenting the results of evaluation of working
environment risks. Electronic documents related to labour
protection shall be signed in conformity with the laws and
regulations governing electronic documents. The employer shall
ensure the possibility for the State supervisory and control
institutions to access the electronic documents related to labour
protection and to ascertain their authenticity and integrity. In
case of a dispute the employer has an obligation to prove that
the requirements of the laws and regulations are being conformed
to in relation to the electronic document and electronic
signature.
[3 October 2019]
Section 7. Internal Supervision of
the Working Environment
(1) An employer shall ensure internal supervision of the
working environment in the undertaking.
(2) [3 October 2019]
(3) [3 October 2019]
(4) The Cabinet shall determine the procedures for the
performance of internal supervision of the working environment,
including evaluation of the working environment risks.
[16 December 2004; 25 March 2010; 3 October 2019]
Section 8. Evaluation of Working
Environment Risks
(1) An employer shall evaluate the working environment risks
in the following order:
1) determining the working environment factors which cause or
may cause risks to the safety and health of employees;
2) determining the employees or other persons whose safety and
health is subject to working environment risks;
3) evaluating the amount and nature of the working environment
risks;
4) determining what labour protection measures (for example,
issuing of personal protective equipment, performing of mandatory
health examinations, training of employees, changing of work
equipment) are necessary to prevent or reduce the working
environment risks.
(11) An employee who is performing remote work
shall cooperate with the employer in evaluation of the working
environment risks and provide information to the employer on the
conditions of the place of remote work which may affect the
safety and health of the employee, when he or she is performing
work.
(2) Evaluation of the working environment risks in an
undertaking shall be performed according to each type of activity
thereof. If the working conditions are similar, an evaluation of
the working environment risks in relation to one workplace or
type of work shall be sufficient. If an employee is performing
remote work at different places, the employer shall perform the
evaluation of the working environment risks in relation to the
particular type of work, however, if the employee is performing
remote work permanently at one place, the employer shall perform
the evaluation of the working environment risks in relation to
the particular workplace, if the employer and the employee have
agreed thereupon. The trusted person or the representative of
employees and an employee who is familiar with the particular
workplace shall be involved in the evaluation of the working
environment risks.
(3) When evaluating the working environment risks, an employer
shall take into account that risks to the safety and health of
employees may be caused mainly by:
1) the location and design of workplaces;
2) the choice and use of work equipment;
3) the effect of physical, chemical, psychological,
biological, physiological and other working environment
factors;
4) the choice and use of working and production methods, and
also the organisation of the course of work and working
hours;
5) insufficient professional preparedness and instruction of
employees, also in the field of labour protection;
6) the aggregate of the circumstances referred to in this
Paragraph of this Section.
(4) [25 March 2010]
(5) The employer shall ensure documenting of the results of
the evaluation of the working environment risks.
[16 December 2004; 25 March 2010; 3 October 2019]
Section 9. Organisational Structure
of Labour Protection
(1) An employer, taking into account the number of persons
employed in the undertaking and the type of activity, shall
appoint or hire one or several labour protection specialists or
enter into a contract with a competent specialist or competent
authority. The procedures for the training of labour protection
specialists, labour protection co-ordinators, employers,
employees, and trusted representatives shall be determined by the
Cabinet.
(11) If there are 250 employees in the undertaking
or more and it is engaged in types of commercial activity in
which in conformity with the laws and regulations the employer
must involve a competent authority, however, in which having
regard to the exception provided for in the laws and regulations
the competent authority has not been involved, the employer shall
appoint or hire at least two labour protection specialists.
(2) The employer shall grant the labour protection specialist
and the contact person referred to in Paragraph four of this
Section the necessary means and time (within working hours) in
order he or she may fulfil his or her obligations. The
designation of an employee as a labour protection specialist may
not cause him or her unfavourable consequences or restrict in
another way his or her right.
(3) [3 October 2019]
(4) If the employer involves a competent authority or a
competent specialist in the establishment and maintenance of the
labour protection system, a contact person for cooperation with
the competent authority or the competent specialist shall be
appointed in the undertaking. The employer shall inform the
competent authority or the competent specialist of the activity
of the undertaking, the labour protection measures, and the
factors of the working environment risks existing in the
undertaking, and also provide other information which may be
useful for the performance of internal supervision of the working
environment and which is requested by the competent authority or
the competent specialist.
(5) The Cabinet shall determine those types of commercial
activities in which an employer shall engage a competent
authority, the procedures for the engagement of such an
authority, and also the cases where the employer, when performing
the abovementioned commercial activities, may not engage a
competent authority. This shall also apply to those employers who
perform activities conforming to the abovementioned types of
commercial activities for non-commercial purposes or the needs of
their own undertaking.
(6) The Cabinet shall determine the requirements for the
competent authorities and competent specialists regarding labour
protection issues, and also the procedures for the evaluation of
the competence of such authorities and specialists.
(7) A legal person is entitled to provide labour protection
services related to the performance of internal supervision of
the working environment only if the status of a competent
authority has been granted thereto.
[20 November 2003; 16 December 2004; 25 March 2010; 3
October 2019]
Section 10. Consultation, Informing
Employees and Participation in Labour Protection
(1) An employer has an obligation to consult with employees or
trusted representatives in the field of labour protection, and
also to ensure that the trusted representatives have an
opportunity to participate in the meetings regarding the issues
relating to:
1) the measures which may affect the safety and health of
employees;
2) the establishment and activities of the organisational
structure of the labour protection;
3) the designation of those employees to whom the provision of
first aid and taking of measures regarding fire fighting and
evacuation of employees has been entrusted;
4) the internal supervision of the working environment, and
informing of employees of labour protection, also in cases, when
working with another employer or several employers;
5) the planning and organisation of instruction and training
in the field of labour protection;
6) other labour protection issues.
(2) An employer shall inform employees and trusted
representatives of the working environment risks, the overall
labour protection measures in the undertaking and those labour
protection measures which are directly relating to each workplace
and type of work, and also the measures taken in accordance with
the provisions of Section 12, Paragraph two of this Law.
(3) An employer shall ensure that labour protection
specialists, trusted representatives, and employees have access
to the information on:
1) the results of the evaluation of the working environment
risks;
2) the labour protection measures stipulated by the employer
and the protective equipment to be utilised;
3) accidents at work and cases of occupational diseases;
4) explanations, opinions, and instructions of the State
Labour Inspectorate regarding labour protection issues, and also
warnings, orders, and decisions of the State Labour Inspectorate
relating to the labour protection system in the undertaking;
5) other labour protection issues in the undertaking.
[16 December 2004; 3 October 2019]
Section 11. Protection against
Serious and Imminent Danger
(1) An employer shall ensure that:
1) the employees who, according to the evaluation of the
working environment risks may be exposed to serious and imminent
danger at work, are to be informed without delay of this danger,
and also of the labour protection measures taken or to be
taken;
2) workplaces, where employees, according to the evaluation of
the working environment risks may be exposed to serious and
imminent danger during the work, are accessible only to those
employees who have been instructed or trained in the field of
labour protection, taking into account the specifics of the
relevant workplace;
3) in case when safety of employees and other persons is
exposed to serious and imminent danger and it is not possible to
contact the immediate superior or labour protection specialist,
the trusted representative or employer - the employees in
accordance with their knowledge and technical means at their
disposal are able to take appropriate measures which would allow
them avoiding such a danger;
4) in case of serious and imminent danger the employees are
able to stop work and leave the hazardous workplace.
(2) An employer is not entitled to request that employees
resume work if the necessary measures to eliminate the danger
have not been taken.
Section 12. First Aid and Other
Emergency Measures
(1) In an undertaking an employer shall ensure measures that
are necessary for provision of first aid, limitation or
elimination of the consequences of an accident with dangerous
facilities, fire fighting and evacuation of employees and other
persons.
(2) The employer shall:
1) ensure contacts with external services, especially with the
service providing emergency medical care and carrying out
fire-fighting and rescue operations;
2) designate employees who are trained in taking of the
measures referred to in Paragraph one of this Section, and ensure
that these employees are in sufficient number, adequately
trained, and supplied with the necessary equipment.
(3) The Cabinet shall determine the procedures for ensuring
the training in provision of first aid.
(4) The Cabinet shall determine the minimum of medicinal
materials necessary for provision of first aid.
[16 December 2004; 3 October 2019]
Section 13. Investigation and
Registration of Accidents at Work and Occupational Diseases
(1) An employer shall ensure investigation of accidents at
work and perform registration thereof. The Cabinet shall
determine the procedures for the investigation and registration
of accidents at work.
(2) The Cabinet shall determine the procedures for the
investigation and registration of occupational diseases, the list
of occupational diseases, and also the list of factors causing
occupational diseases and of the categories of the use
thereof.
[16 December 2004]
Section 14. Instruction and Training
of Employees and Trusted Representatives
(1) An employer shall ensure that each employee receives
instruction and is trained in the field of labour protection
directly relating to his or her workplace and work performance.
Such an instruction and training shall be carried out on
recruitment, in case of change of the nature of work or working
conditions, in case of introduction of a new or in case of change
of the previous work equipment, and in case of introduction of a
new technology. The instruction and training of employees shall
be adapted to changes in working environment risks and shall be
repeated periodically.
(2) An employer shall ensure the commencement of additional
training for the trusted representatives in the field of labour
protection within one month following the election thereof.
(3) The additional training for the trusted representatives in
the field of labour protection shall be carried out during
working hours. The employer shall cover the expenditures related
to the additional training.
(4) The labour protection instruction and training shall be
understandable to employees and suitable for their professional
preparedness. The employer shall ascertain that the employee has
understood the labour protection instruction and training.
[16 December 2004; 25 March 2010]
Section 15. Mandatory Health
Examination
(1) An employer shall ensure mandatory health examination for
those employees whose health conditions are affected or may be
affected by the working environment factors harmful to health,
and for those employees who have special conditions at work. The
Cabinet shall determine the procedures for the performance of the
mandatory health examination.
(2) The employer shall cover the expenditures related to the
mandatory health examinations of employees.
(3) The expenditures related to the mandatory health
examinations prior to commencing the employment legal
relationships or legal relations of the State civil service shall
be covered by the relevant person from his or her own means or by
the employer on the basis of a mutual agreement.
[20 November 2003]
Section 16. Co-operation among
Several Employers
(1) If employees from several employers are employed in one
workplace, the employers have an obligation to cooperate when
taking the labour protection measures. Taking into account the
nature of work and working conditions, the employers have an
obligation to coordinate the labour protection measures to be
taken and to inform each other, their employees and trusted
representatives of the working environment risks, and also to
provide appropriately instruction to employees.
(2) An employer shall take the necessary measures so that the
employer of the employees from another undertaking engaged in his
or her undertaking receives timely (prior to such an engagement)
information on the working environment risks, the overall labour
protection measures in the undertaking, and those labour
protection measures which are directly relating to each workplace
and type of work, and also the measures taken in accordance with
the provisions of Section 12, Paragraph two of this Law.
(3) An employer shall ensure that the employees of another
employer engaged in his or her undertaking receive instruction
and general information on labour protection in the undertaking
prior to the commencement of work and during the entire period
they are employed in the undertaking.
(4) If employees of another employer provide such specific
service that usually is not performed at the employer as the
service recipient, the instruction shall be ensured by the
employer whose employees are providing the relevant specific
service.
[25 March 2010; 3 October 2019]
Section 16.1 Safety and
Health Protection of Self-employed Persons
(1) A service recipient who has entered into a contract with a
self-employed person shall ensure as safe working environment to
him or her as to the employees of his or her undertaking if the
self-employed person is performing work in the working
environment of such undertaking.
(2) A self-employed person, when performing work in the
working environment of the undertaking of the service recipient,
has an obligation to comply with the instructions of the service
recipient in labour protection issues and to inform the service
recipient of the specific nature of his or her work, the methods
applied, and the equipment used, if it may affect the safety and
health protection of other employees.
(3) A service recipient who has entered into a contract with a
self-employed person for the performance of work in the working
environment of the undertaking of the service recipient is
entitled not to admit him or her to work or to suspend his or her
work if it is detected that he or she is violating the labour
protection provisions, including the provisions regarding the use
of work equipment and personal protective equipment, or is
endangering his or her safety and health or safety and health of
other persons.
(4) If an accident occurs in the working environment of the
undertaking of the service recipient in which the self-employed
person suffers an injury, then the service recipient who has
entered into a contract with him or her shall find out and
evaluate the causes of the accident, and also take the necessary
preventive measures for the elimination of similar accidents if
it may affect the work to be performed in such undertaking.
(5) When performing work in the working environment of the
undertaking of the service recipient, the self-employed person
shall comply with the obligations of the employee laid down in
Section 17 of this Law, insofar as it is not in contradiction
with the status of the self-employed person.
[3 October 2019]
Chapter
III
Obligations and Rights of an Employee and Trusted
Representative
Section 17. Obligations of an
Employee
In the field of labour protection, an employee has an
obligation to:
1) take care of his or her own safety and health and safety
and health of those persons who are affected or may be affected
by the work of the employee;
2) use work equipment, dangerous substances, transport and
other means of production in accordance with the documentation
laid down in the laws and regulations (manufacturer's
instructions, safety data sheets on chemical substances and
mixtures, etc.);
3) use collective protective equipment, and also personal
protective equipment given at their disposal in accordance with
the documentation laid down in the laws and regulations
(manufacturer's instructions, safety data sheets on chemical
substances and mixtures, etc.), and to place the relevant
protective equipment following the use thereof at the place
provided for it;
4) conform to safety signs, and also to use the safety devices
by which the work equipment and workplace is supplied with in
accordance with the documentation laid down in the laws and
regulations (manufacturer's instructions, safety data sheets on
chemical substances and mixtures, etc.), and to refrain from
arbitrarily starting, changing, or removing the relevant safety
devices;
5) inform immediately the employer, the immediate superior, or
the labour protection specialist of an accident at work, and also
of any working environment factors which cause or may cause risks
to the safety and health of persons, also of shortcomings in the
labour protection system of the undertaking;
6) participate in the instruction and training in the field of
labour protection organised by the employer;
7) cooperate with the employer or labour protection specialist
in order to meet the requirements included in the opinions,
warnings, orders, or decisions of the State Labour Inspectorate
on the labour protection system of an undertaking;
8) cooperate with the employer or labour protection specialist
in ensuring a safe working environment and working conditions so
that risks to the safety and health of employees are not
caused;
9) attend mandatory health examinations according to an order
by the employer.
[3 October 2019]
Section 18. Right of the Employee to
Refuse to Perform Work and to Participate in Labour Protection
Measures
(1) An employee has the right to refuse to perform work
if:
1) the performance of the relevant work causes or may cause
risks to the safety and health of the employee or other persons
and these risks cannot be prevented in another way;
2) the work equipment to be used or the workplace is not
supplied with the necessary safety devices or the employee has
not been given at his or her disposal the necessary personal
protective equipment;
3) the performance of the relevant work is related to the use
of such a work equipment that does not conform to the
professional preparedness of the employee or the instruction and
training in the field of labour protection given by the
employer;
4) the warnings, orders, or decisions of the State Labour
Inspectorate on the labour protection organisation in the
relevant workplace have not been observed.
(2) In respect of refusal to perform work, the employee shall
inform without delay the immediate superior or the labour
protection specialist, or the employer.
(3) No unfavourable consequences shall be allowed to occur to
employees in respect of the action referred to in this Section
and Section 11, Paragraph one, Clause 4 of this Law, except for
gross negligence and in cases where the employees have acted in
bad faith.
(4) An employee has the right to submit an application to the
State Labour Inspectorate if he or she considers that the labour
protection measures taken by the employer, and also the means
granted and used are insufficient to ensure safety and health
protection of employees at work.
(5) In order to determine the labour protection measures, the
amount of the necessary means thereof, and the procedures for the
utilisation thereof in accordance with the requirements of the
laws and regulations regarding labour protection, the employees
or the representatives of employees may propose to enter into an
agreement between the employer and the employees.
[25 March 2010]
Section 19. Right of an Employee to
a Compensation upon Termination of Employment or Civil Service
Relationships Due to a Safety and Health Hazard at Work
If an employee has reported to the employer on the factors of
the working environment which cause or may cause risk to the
safety and health of persons, however, the employer is not taking
the labour protection measures indicated by the State Labour
Inspectorate for the prevention of direct threat, thus
endangering the safety and health of the employee at work, and
the employee unilaterally terminates employment or civil service
relationships due to the abovementioned reason, the employer has
the obligation to disburse remuneration to the employee which is
not less than the average earnings of six months.
[3 October 2019]
Section 20. Representation of
Employees in the Field of Labour Protection
(1) In an undertaking or a unit thereof where five or more
employees are employed, these employees or their representatives,
taking into account the number of employees, the nature of the
work of the undertaking and the working environment risks, may
elect one or more trusted representatives. The election of an
employee as a trusted representative may not cause him or her
unfavourable consequences or restrict in other way his or her
right.
(2) If at least two trusted representatives are elected in an
undertaking or a unit thereof, they shall elect a principal
trusted representative among themselves. If at least 10 trusted
representatives are elected in an undertaking, they shall
establish a trusted representative committee which shall
coordinate the work of the trusted representatives.
(3) An employer shall ensure the necessary means to the
trusted representatives, and also grant them the time during
working hours for fulfilment of the obligations of the trusted
representatives determined in the collective agreement or another
written agreement between the employer and the employees in order
the trusted representative may exercise his or her right and
fulfil his or her obligations, in the field of labour protection.
The employer shall pay the trusted representative average
earnings for this time.
(4) [25 March 2010]
(5) The Cabinet shall determine the procedures for the
election and activities of the trusted representatives, taking
into account the number of employees, the nature of the work of
the undertaking, and the working environment risks.
[16 December 2004; 25 March 2010]
Section 21. Participation of a
Trusted Representative in the Internal Supervision of the Working
Environment
(1) A trusted representative shall participate in the
performance of the internal supervision of the working
environment, including participate in the evaluation of the
working environment risks, planning of the labour protection
measures, investigation of accidents at work and cases of
occupational diseases, putting into service of production
facilities and objects and conformity assessment of work
equipment, and also cooperate with the employer and the labour
protection specialist in improvement of the working conditions in
the undertaking.
(2) Upon representing the interests of employees in the field
of labour protection, a trusted representative has the right:
1) to express freely both justified opinion of employees and
his or her own opinion on the labour protection system of the
undertaking, including the internal supervision of the working
environment;
2) to receive from the employer information related to the
labour protection system in the undertaking and that is necessary
for the fulfilment of the obligations of the trusted
representative;
3) to access workplaces according to the procedures specified
in the undertaking;
4) to propose that the employer performs measurements of the
working environment risk factors if complaints from employees
have been received regarding working environment risk factors
harmful to health;
5) to propose to perform a repeated evaluation of the working
environment risks at the workplaces where an accident has
occurred or serious and imminent danger to the life and health of
an employee have arisen;
6) to request that the employer takes labour protection
measures and to make proposals the implementation of which would
prevent or reduce the risks to the safety and health of
employees;
7) to propose that the employer enters into an agreement with
employees regarding the determination of labour protection
measures, the means necessary thereto and the procedures for the
use thereof in accordance with the requirements of the laws and
regulations regarding labour protection, and also to participate
in negotiations regarding the conditions of a collective
agreement and amendments in the field of labour protection;
8) to participate in inspections of workplaces together with
officials of the State Labour Inspectorate.
[25 March 2010; 3 October 2019]
Section 22. Reliefs
Those employees for whom, in accordance with laws and
regulations, special protection has been determined (for example,
for persons up to 18 years of age, pregnant women, women in the
post-natal period, persons with a disability), according to the
evaluation of the working environment risks, and also a
physician's opinion, have the right to supplementary reliefs
stipulated by the employer.
[3 October 2019]
Chapter
IV
State Competence in the Field of Labour Protection
[3 October 2019]
Section 23. State Policy in the
Field of Labour Protection
(1) State policy in the field of labour protection shall be
oriented towards the implementation of preventative measures and
based on:
1) the priority of the safety and health protection of an
employee;
2) the cooperation of the State, local governments, employer
organisations, and employees' trade unions in labour protection
issues;
3) the coordination of labour protection issues with other
economic and social issues;
4) the results of scientific research in the field of labour
protection;
5) State participation in the financing of labour protection
measures;
6) safe technological process and encouragement of the design,
production and purchase of work equipment and collective and
personal protective equipment;
7) training in the field of labour protection at the
educational institutions;
8) the State supervision and control in the field of labour
protection;
9) the social protection of employees in relation to accidents
at work and occupational diseases;
10) the requirements of the European Union and the
International Labour Organisation;
11) international cooperation in the field of labour
protection.
(2) Implementation of labour protection measures in the
institutions financed from the State budget shall be ensured
within the scope of the means specified in the annual State
budget law.
[25 March 2010]
Section 24. State Administration in
the Field of Labour Protection
(1) State administration in the field of labour protection
shall be implemented by the Cabinet and on its delegation - the
Ministry of Welfare.
(2) The Ministry of Welfare shall:
1) develop the State policy in the field of labour protection
and coordinate the implementation thereof;
2) coordinate the activities of the State administration
authorities in labour protection issues;
3) monitor the activities of the State Labour
Inspectorate;
4) develop and coordinate national programmes in the field of
labour protection in the National Trilateral Cooperation
Council;
5) develop and coordinate the laws and regulations regarding
labour protection in the National Trilateral Cooperation
Council;
6) coordinate the inclusion of labour protection issues in
international agreements;
7) determine the State statistics registration and statistical
reporting system in the field of labour protection following the
coordination with the Central Statistical Bureau.
(3) The Ministry of Education and Science shall, in accordance
with the procedures laid down in law, develop samples of
preparatory programmes (except for the study programmes) and
samples of training programmes in the field of labour protection
for the labour protection specialists and trusted
representatives.
(4) State administration authorities shall, according to their
field of activities, develop draft laws and regulations regarding
labour protection to be issued by the Cabinet.
Section 25. Authorisation for the
Cabinet to Issue Regulations regarding Labour Protection
The Cabinet shall issue regulations regarding labour
protection requirements:
1) at workplaces;
2) when using work equipment;
3) when using personal protective equipment;
4) when working with a display;
5) when moving heavy loads;
6) when performing construction works;
7) in the use of safety signs;
8) in the extraction of mineral resources, by drilling;
9) in the extraction of surface and underground mineral
resources;
10) in the work on fishing vessels;
11) in the contact with chemical substances;
12) in the contact with biological substances;
13) in relation to the level of noise at work;
14) in the work with asbestos;
15) in relation to medical care on ships;
16) in the contact with carcinogenic substances;
17) when working on heights;
18) in relation to other requirements governed by European
Union directives on labour protection;
19) when performing the work in forestry.
[16 December 2004]
Chapter V
Supervision, Control, and Liability in the Field of Labour
Protection
Section 26. State Supervision and
Control in the Field of Labour Protection
State supervision and control in the field of labour
protection shall be performed by the State Labour Inspectorate
and other authorities authorised by the laws and regulations
according to their competence.
Section 27. Liability of an Employer
and Other Persons
(1) An employer is liable for the safety and health of
employees at work.
(2) The liability of the employer shall not be limited by the
obligations of employees and competent authorities or competent
specialists in the field of labour protection.
(3) Within the scope of their competence, an employer's - the
legal person - supervising body or executive body, a person who
is especially authorised to represent a partnership, and other
persons authorised according to the procedures laid down in the
laws and regulations shall also be liable for the safety and
health of employees at work.
Section 28. Liability for the
Violations of the Law
Persons at fault for violations of the laws and regulations
regarding labour protection shall be held liable as laid down in
the law.
Chapter
VI
Administrative Offences in the Field of Labour Protection and
Competence in Administrative Offence Proceedings
[31 October 2019 / This
Chapter shall come into force on 1 July 2020. See
Paragraph 9 of Transitional Provisions]
Section 29. Failure to Perform
Evaluation of the Working Environment Risk or Failure to Develop
Plan for Labour Protection Measures
For failure to perform an evaluation of the working
environment risks or for failure to develop a plan for labour
protection measures or the non-conformity thereof with the
requirements of the laws and regulations governing labour
protection, a warning or a fine from fourteen to seventy units of
fine shall be imposed on the employer or the recipient of labour
force ensuring services if it is a natural person but a fine from
twenty-eight to two hundred and twenty units of fine - if it is a
legal person.
[31 October 2019 / Section shall come into force on
1 July 2020. See Paragraph 9 of Transitional
Provisions]
Section 30. Employment Without
Mandatory Health Examination
For employment without mandatory health examination if such is
provided for in the laws and regulations, a warning or a fine
from fourteen to seventy units of fine shall be imposed on the
employer if it is a natural person but a fine from twenty-eight
to one hundred and forty units of fine - if it is a legal
person.
[31 October 2019 / Section shall come into force on
1 July 2020. See Paragraph 9 of Transitional
Provisions]
Section 31. Failure to Investigate
an Accident at Work
For failure to investigate an accident at work in conformity
with the requirements of the laws and regulations or for hiding
it, a warning or a fine from twenty-eight to one hundred units of
fine shall be imposed on the employer or the recipient of labour
force ensuring services if it is a natural person but a fine from
seventy to two hundred and eighty units of fine - if it is a
legal person.
[31 October 2019 / Section shall come into force on
1 July 2020. See Paragraph 9 of Transitional
Provisions]
Section 32. Failure to Investigate
the Accident at Work Resulting in Serious Health Disorders for an
Employee or His or Her Death
For failure to investigate an accident at work in conformity
with the requirements of the laws and regulations which has
resulted in serious health disorders for an employee or his or
her death, or for hiding it, a fine from one hundred to one
hundred and forty units of fine shall be imposed on the employer
or the recipient of labour force ensuring services if it is a
natural person but a fine from four hundred and twenty to eight
hundred and sixty units of fine - if it is a legal person.
[31 October 2019 / Section shall come into force on
1 July 2020. See Paragraph 9 of Transitional
Provisions]
Section 33. Failure to Use Safety
Signs and Inappropriate Placement Thereof in the Working
Environment
For failure to use safety signs and inappropriate placement
thereof in the working environment if it causes direct threats to
the safety and health of employees, a fine from seventy to one
hundred and forty units of fine shall be imposed on the employer
or the recipient of labour force ensuring services if it is a
natural person but a fine from two hundred and eighty to five
hundred and eighty units of fine - if it is a legal person.
[31 October 2019 / Section shall come into force on
1 July 2020. See Paragraph 9 of Transitional
Provisions]
Section 34. Failure to Provide
Employees With the Personal Protective Equipment Required for
Work
For failure to provide employees with the personal protective
equipment required for work if it causes direct threats to the
safety and health of employees, a fine from seventy to one
hundred and forty units of fine shall be imposed on the employer
or the recipient of labour force ensuring services if it is a
natural person but a fine from two hundred and eighty to five
hundred and eighty units of fine - if it is a legal person.
[31 October 2019 / Section shall come into force on
1 July 2020. See Paragraph 9 of Transitional
Provisions]
Section 35. Use of Inappropriate
Work Equipment or Failure to Comply With the Safety
Requirements
For the use of work equipment not conforming to the
requirements of the laws and regulations governing labour
protection or for failure to comply with the safety requirements
if it causes direct threats to the safety and health of
employees, a fine from seventy to one hundred and forty units of
fine shall be imposed on the employer or the recipient of labour
force ensuring services if it is a natural person but a fine from
two hundred and eighty to five hundred and eighty units of fine -
if it is a legal person.
[31 October 2019 / Section shall come into force on
1 July 2020. See Paragraph 9 of Transitional
Provisions]
Section 36. Failure to Instruct or
Train Employees in Issues Regarding the Safety and Health of
Employee at Work
For failure to instruct or train employees in issues on the
safety and health of an employee at work if it causes direct
threats to the safety and health of employees, a fine from
seventy to one hundred and forty units of fine shall be imposed
on the employer or the recipient of labour force ensuring
services if it is a natural person but a fine from two hundred
and eighty to five hundred and eighty units of fine - if it is a
legal person.
[31 October 2019 / Section shall come into force on
1 July 2020. See Paragraph 9 of Transitional
Provisions]
Section 37. Violation of Other Laws
and Regulations Governing Labour Protection Resulting in Direct
Threats to the Safety and Health of Employees
For such violation of the laws and regulations governing
labour protection which causes direct threats to the safety and
health of employees, except for the violations referred to in
Sections 33, 34, 35, and 36 of this Law, a fine from one hundred
to one hundred and forty units of fine shall be imposed on the
employer or the recipient of labour force ensuring services if it
is a natural person but a fine from two hundred and eighty to
five hundred and eighty units of fine - if it is a legal
person.
[31 October 2019 / Section shall come into force on
1 July 2020. See Paragraph 9 of Transitional
Provisions]
Section 38. Provision of Labour
Protection Services Violating the Requirements Laid Down in Laws
and Regulations for Competent Specialists and Competent
Authorities
For the provision of labour protection services violating the
requirements laid down in the laws and regulations for competent
specialists and competent authorities, except for the violations
referred to in Section 39 of this Law, or for the provision of
labour protection services without the certificate of a competent
specialist or a certificate of the quality system of a competent
authority, a fine from seventy to one hundred and forty units of
fine shall be imposed on a natural person but a fine from one
hundred and fifty to five hundred and eighty units of fine - on a
legal person.
[31 October 2019 / Section shall come into force on
1 July 2020. See Paragraph 9 of Transitional
Provisions]
Section 39. Inappropriate Internal
Supervision of the Working Environment When Providing Labour
Protection Services
(1) For internal supervision of the working environment not
conforming to the requirements of the laws and regulations
governing labour protection, including risk evaluation which has
been performed by the competent specialist or competent
authority, a warning or a fine from twenty-eight to seventy units
of fine shall be imposed on a natural person but a fine from
seventy to two hundred and eighty units of fine - on a legal
person.
(2) For internal supervision of the working environment not
conforming to the requirements of the laws and regulations
governing labour protection, including risk evaluation which has
been performed by the competent specialist or competent
authority, or for the violation of the requirements laid down in
the laws and regulations for competent specialists or competent
authorities which cause direct threats to the safety and health
of employees, a fine from one hundred to one hundred and forty
units of fine shall be imposed on the competent specialist but a
fine from two hundred and eighty to eight hundred and sixty units
of fine - on the competent authority.
[31 October 2019 / Section shall come into force on
1 July 2020. See Paragraph 9 of Transitional
Provisions]
Section 40. Competence in
Administrative Offence Proceedings
The administrative offence proceedings for the offences
referred to in Sections 29, 30, 31, 32, 33, 34, 35, 36, 37, 38,
and 39 of this Law shall be carried out by the State Labour
Inspectorate.
[31 October 2019 / Section shall come into force on
1 July 2020. See Paragraph 9 of Transitional
Provisions]
Transitional
Provisions
1. With the coming into force of this Law, the law On Work
Safety (Latvijas Republikas Augstākās Padomes un Valdības
Ziņotājs, 1993, No 20; Latvijas Republikas Saeimas un
Ministru Kabineta Ziņotājs, 1995, No 8) is repealed;
2. The Cabinet shall, by 30 June 2002, issue the regulations
referred to in Sections 7, 8, 9, 12, 13, 15, 20, and 25 of this
Law.
3. Until the day of the coming into force of the new Cabinet
regulations, but not later than until 30 June 2002, the following
Cabinet regulations shall be applicable:
1) Cabinet Regulation No. 153 of 3 April 2001, Regulations on
Protection of Safety and Health at Work when Working with a
Display Screen and Setting up a Workstation;
2) Cabinet Regulation No. 72 of 13 February 2001, Requirements
for Safety and Health Protection at Work in Working with Chemical
Substances and Chemical Products in the Workplace;
3) Cabinet Regulation No. 318 of 19 September 2000,
Regulations on the Requirements Regarding the Organising of Work
Safety and Health Protection and the Equipping of Workplaces at
Construction Sites;
4) Cabinet Regulation No. 167 of 2 May 2000, Procedures for
the Investigation and Registration of Accidents Occurring to
Employees of Institutions of the Ministry of the Interior;
5) Cabinet Regulation No. 159 of 25 April 2000, Use of
Personal Protective Equipment at Work;
6) Cabinet Regulation No. 44 of 8 February 2000, Regulation on
the Minimum Work Safety and Health Protection Requirements when
Using Work Equipment;
7) Cabinet Regulation No. 270 of 3 August 1999, Regulations
regarding Work Safety and Health Protection Requirements when
Moving Heavy Loads;
8) Cabinet Regulation No. 470 of 22 December 1998, Procedures
for the Investigation and Registration of Accidents at Work;
9) Cabinet Regulation No. 317 of 25 August 1998, Regulations
regarding Work Safety and Health Protection of Employees in Work
with Asbestos;
10) Cabinet Regulation No, 318 of 25 August 1998, Requirements
for Use of Safety Signs in Workplaces;
11) Cabinet Regulation No. 201 of 4 October 1994, Regarding
Amendments to Cabinet Regulation No. 53 of 22 February 1994,
Regarding Procedures for the Formulation and Approval of Laws and
Regulations on Technical Supervision of Labour Protection, Safety
Equipment and Dangerous Installations;
12) Cabinet Regulation No. 53 of 22 February 1994, Regarding
Procedures for the Formulation and Approval of Laws and
Regulations on Technical Supervision of Labour Protection, Safety
Equipment and Dangerous Installations.
4. Until 31 December 2002 the Cabinet shall develop the
following regulations regarding:
1) work safety and health protection requirements for work on
fishing vessels;
2) work safety and health protection requirements in relation
to medical care on ships;
3) safety and health protection of employees at the work in an
explosive environment.
5. The Ministry of Education and Science shall, by 1 March
2002, develop samples of the programmes referred to in Section
24, Paragraph three of this Law.
6. The Ministry of Health shall develop and the Cabinet shall,
by 30 June 2005, issue the regulations referred to in Section 12,
Paragraph four of this Law.
[16 December 2004]
7. The Ministry of Welfare shall develop and the Cabinet shall
issue the regulations referred to in Section 13 of this Law.
Until the day of the coming into force thereof, but not later
than until 30 June 2005, Cabinet Regulation No. 293 of 9 July
2002, Procedures for Investigation and Registration of Accidents
at Work, shall be applied insofar as they are not in
contradiction with this Law.
[16 December 2004]
8. Until the day of the coming into force of the relevant
Cabinet regulations, but not longer than six months starting from
the day when the new wording of Section 9, Paragraph one of this
Law came into force, Cabinet Regulation No. 323 of 17 June 2003,
Regulations Regarding Training in Labour Protection Matters,
shall be applied insofar as it is not in contradiction with this
Law.
[25 March 2010]
9. Part VI of this Law shall come into force concurrently with
the Law on Administrative Liability.
[31 October 2019]
Informative
Reference to European Union Directive
[25 March 2010]
This Law contains legal norms arising from Council Directive
89/391/EEC of 12 June 1989 on the introduction of measures to
encourage improvements in the safety and health of workers at
work.
This Law shall come into force on 1 January 2002.
This Law has been adopted by the Saeima on 20 June
2001.
President V. Vīķe-Freiberga
Rīga, 6 July 2001
1 The Parliament of the Republic of
Latvia
Translation © 2020 Valsts valodas centrs (State
Language Centre)
