Regulation regarding the Types of Commercial Activities in which an Employer shall Involve a Competent Authority

Issued pursuant to
Section 9, Paragraph five of
the Labour Protection Law

1. This Regulation prescribes the types of commercial activities in which an employer shall involve a competent authority, the procedures for involving a competent authority, as well as cases where an employer is allowed not to involve a competent authority in carrying out commercial activities.

2. An employer shall involve a competent authority in the establishment and maintenance of a labour protection system if he or she carries out any of the types of commercial activities specified in Annex 1 of this Regulation in accordance with the NACE general classification of commercial activities.

3. On the basis of an agreement with an employer, the competent authority shall establish and maintain a labour protection system at an undertaking by performing at least the following activities:

3.1. it shall evaluate work environment risks at the undertaking;

3.2. it shall determine the compliance of the undertaking with the laws and regulations regarding labour protection, as well as the requirements of laws and regulations concerning labour protection (for example, fire safety, safety of chemical substances and chemical products, safety of hazardous equipment); and

3.3. it shall draw up a plan of labour protection measures in order to avert detected work environment risks or reduce them to a permissible level, as well shall ensure compliance of the undertaking with the requirements of the laws and regulations regarding labour protection.

4. In order to accomplish its tasks the competent authority is entitled to request and receive the following information from an employer:

4.1. general information characterising an undertaking (the number of employees, mode of operations, the number and a description of its buildings (branch-offices) in which the competent authority will have to perform the tasks specified in the contract);

4.2. a characterisation of the current situation (for example, the number of workplaces, the work process, the equipment and technologies utilised in the work);

4.3. changes planned to the work environment;

4.4. labour protection measures at the undertaking and at workplaces, as well as work environment risk factors which cause or may cause risk to the safety and health of employees; and

4.5. any other information about the undertaking which is required for the competent authorities in order to perform their duties (for example, statements and opinions regarding accidents at work, materials from the investigation of accidents at work, warnings, decisions and instructions of the State Labour Inspection).

5. An employer is allowed to not involve a competent authority if the undertaking has not more than five employees. If there are more than five employees in an undertaking, the employer is allowed not to involve a competent authority, provided he ensures the fulfilment of the following requirements:

5.1. a labour protection system has been established and is operating at the undertaking; and

5.2. internal supervision of the work environment and risk assessment at the undertaking is performed by a labour protection specialist who has received higher vocational education in labour protection.

[22 September 2009]

6. [22 September 2009]

7. [22 September 2009]

8. Observance of this Regulation shall be controlled by the State Labour Inspection.

9. Until 1 January 2012 a labour protection specialist who has a higher education in the natural sciences, engineering sciences, the field of health protection or the science of law and has at least five years experience in the respective profession or labour protection, provided he or she has mastered the basic-level professional enhancement program in labour protection, shall be entitled to perform the internal supervision of the work environment and risk assessment specified in Sub-paragraph 5.2 of this Regulation.

[11 November 2008]

10. This Regulation shall come into force on 1 January 2006.

Informative Reference to the European Union Directive

This Regulation 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.

Note. This Regulation shall come into force on 1 January 2010.

[22 September 2009]

Prime Minister A. Kalvītis

Minister for Welfare D. Staķe

[22 September 2009]

Annex 1
Cabinet Regulation No. 99
8 February 2005

Types of commercial activities in accordance with the NACE general classification of economic activities in which an employer must involve a competent authority in the establishment and maintenance of a labour protection system

Minister for Welfare D. Staķe

[11 November 2008]

Annex 2
Cabinet Regulation No. 99
8 February 2005

[22 September 2009]

Translation © 2010 Valsts valodas centrs (State Language Centre)