Aptauja ilgs līdz 23. oktobrim.
Procedures for the Performance of Internal Supervision of the Work EnvironmentIssued pursuant
to I. General Provisions1. This Regulation prescribes the procedures, by which the internal supervision of the work environment is to be performed (including evaluation of the work environment risk). 2. Internal supervision of the work environment shall consist of the following stages: 2.1. the planning of internal supervision of the work environment; 2.2. the evaluation of the work environment risk, including the evaluation of risk in work performed by pregnant women and women who have recently given birth; 2.3. the implementation of internal supervision of the work environment; and 2.4. the inspection and improvement of internal supervision of the work environment. 3. This Regulation shall not apply to those activities in emergency situations, which are performed in conformity with the Civil Defence Law and inevitably conflict with the requirements of this Regulation. 4. The internal supervision of the work environment in an undertaking shall be performed by a labour protection specialist appointed by the employer or employer himself or herself if there are no more than 10 employees in the undertaking and the employer fulfils the duties of a labour protection specialist. 5. A person who performs the internal supervision of the work environment shall be trained in accordance with regulatory enactments regarding training in labour protection issues. 6. If an undertaking does not have a relevant labour protection specialist, the employer shall involve in the internal supervision of the work environment a specialist or an institution competent in labour protection issues. 7. The employer, the labour protection specialist, the competent specialist or the competent institution, in performing the internal supervision of the work environment, shall co-operate with a trusted representative or a representative of the employees and involve the employees. 8. The employer shall be liable for compliance with this Regulation. The employer shall ensure the resources required for the internal supervision of the work environment (for instance, personnel, financial, technical resources). 9. The involvement of a competent specialist or a competent institution in the internal supervision of the work environment shall not reduce the responsibility of the employer for the compliance with the labour protection and health protection requirements. 10. The compliance with this Regulation shall be controlled by the State Labour Inspection. II. Planning of Internal Supervision of the Work Environment11. The employer shall at least once a year plan the internal supervision of the work environment, in taking decisions regarding the organisation of labour protection issues in the undertaking, resources necessary for labour protection, responsible persons and other issues related to the internal supervision of the work environment. 12. The employer shall plan the internal supervision of the work environment in co-operation with the labour protection specialist, the trusted representative or the representative of the employees, taking into account: 12.1. the type of activity, nature of the work and working conditions of the undertaking; 12.2. the work environment risk factors existing in the undertaking and the results of the work environment risk evaluation; 12.3. warnings, instructions and decisions of the State Labour Inspection pertaining to labour protection issues in the undertaking; and 12.4. the technical and financial resources of the undertaking. 13. The employer shall provide for and include the planning of internal supervision of the work environment in the planning of economic activity. III. Evaluation of Work Environment Risks14. In evaluating the work environment risk, the employer shall ensure: 14.1. the inspection of the work environment and the workplaces therein or the types of work, determining the work environment factors existing there and detecting factors, which cause or may cause risk to the safety and health of employees (Annex 1); 14.2. measurements of work environment factors where appropriate in order to determine whether the environment factor causes risk to the safety and health of employees; and 14.3. determination of the work environment factors, which cause or may cause risks to the safety and health of employees. 15. The employer is entitled not to use the form referred to in Annex 1 to this Regulation for the documentation of inspection of a workplace if he or she, in inspecting the workplaces, uses documents, which are more appropriate for the nature of economic activity of the undertaking and which take into account all the work environment factors referred to in Annex 1 to this Regulation. 16. If work environment measurements for the evaluation of the work environment risk have been made by an accredited testing laboratory, the employer shall take into account the testing results of the relevant laboratory when planning labour protection measures. 17. The employer shall ensure the evaluation of work environment risk at all workplaces, except in cases where there are similar conditions at workplaces (for example, similar work equipment, layout of premises, nature of work). If the conditions of work are similar, a work environment risk evaluation of one workplace or type of work shall be sufficient, taking into account the individual differences of each employee and each workplace. 18. The work environment risk shall be evaluated not less than once a year, as well as: 18.1. when practically commencing another type of activity; 18.2. if any changes in the work environment have occurred (for example, work procedures, methods, work equipment, the use or production of substances and mixtures has changed, the workplace has undergone substantial modifications); 18.3. if deterioration in the conditions of the work environment or non-compliance with the requirements prescribed by regulatory enactments is determined; and 18.4. if an accident at work has occurred. [7 April 2015] 19. In the cases referred to in Sub-paragraphs 18.1, 18.2, 18.3 and 18.4 of this Regulation the work environment risks shall be evaluated in relation to the particular place or type of work. 20. The work environment risk in an undertaking may be evaluated by the employer, a labour protection specialist or a competent specialist or a competent institution invited by the employer, involving in the risk evaluation the trusted representative or the representative of the employees and the employee who works at the relevant workplace and manages it. 21. In evaluating the work environment risk, a person who performs it shall take into account: 21.1. the level of the probability (duration, frequency) of the occurrence of the work environment risk and of the seriousness of the consequences of the risk, observing all work environment factors, which cause or may cause risk to the safety and health of employees, possible interaction thereof and the results of the performed measurements of the work environment; 21.2. the existing interaction between employees and the activities to be performed by the employees in the undertaking; 21.3. the presence of other persons (for example, employees of other undertakings, visitors, students, patients of medical treatment institutions, customers) in the workplace; and 21.4. accidents, which have taken place at work, and the detected occupational diseases. 22. In workplaces where the work procedures are related to unchanging working conditions (for example, in an office), the employer shall take into account the specific and characteristic (usual, permanent) working conditions when evaluating the work environment risk. 23. In workplaces where the work procedures are related to changing working conditions (for example, construction work), the employer shall, in addition to the working conditions referred to in Paragraph 22 of this Regulation, also take into account the intended changes in the working conditions when evaluating the work environment risk. 24. The employer shall document all the materials of inspection of the workplace (also, of the determination of work environment factors and the evaluation of the work environment risk) and keep them for at least three years. 25. During re-evaluation of the work environment risk a person who performs it shall organise repeated measurements of the work environment, taking into account the results of the previous risk evaluation and the requirements of regulatory enactments regarding the periodicity of measurements. Repeated measurements of the work environment shall not be performed if it arises from the results of the previous measurements. 26. In re-evaluating the work environment risk, a person who performs it shall review the results of the previous evaluation of the work environment risk and, if the situation has not changed and the results of the previous risk evaluation correspond to the present situation, new documentation of risk evaluation need not be developed, but notes in the existing risk evaluation regarding the correspondence of the situation on the day of risk evaluation shall be made. IV. Evaluation of Work Environment Risks for Work Performed by Pregnant Women and Women Who Have Recently Given Birth27. The employer shall, in addition to the evaluation of the work environment risk referred to in Chapter III of this Regulation, ensure the evaluation of the work environment risk for the work performed by pregnant women and women in the period following childbirth up to one year but, if a woman is breastfeeding, during the whole period of breastfeeding. 28. In evaluating the work environment risks referred to in Paragraph 27 of this Regulation, a person who performs evaluation shall determine whether the work environment risk factors referred to in Annex 2 to this Regulation exist at the workplace and whether relevant work is performed, as well as shall determine the nature, degree and duration of the effects of the work environment risk factors in order to: 28.1. evaluate any risk to the safety and health of pregnant women and women who are breastfeeding, as well as any probable consequences in respect of their pregnancy or breastfeeding; and 28.2. determine the labour protection measures required for the prevention of the risk referred to in Sub-paragraph 28.1 of this Regulation. 29. If the employer, on the basis of a work environment risk evaluation, determines that the work to be performed is referred to in Annex 2 to this Regulation or, also, that it is affected by the work environment factors referred to in Annex 2 to this Regulation, which may pose a threat to the safety or health of pregnant women, breastfeeding women or their children, the employer has a duty to take necessary labour protection measures in order to ensure their safety and health but, if this is not possible, to transfer the pregnant woman or the breastfeeding woman to another job. 30. If the employer, on the basis of a work environment risk evaluation, determines that the work to be performed conforms to Annex 3 to this Regulation, the employer is prohibited from employing: 30.1. pregnant women - in jobs, which are affected by the work environment factors referred to in Annex 3, Paragraph 1 of this Regulation; and 30.2. breastfeeding women - in jobs, which are affected by the work environment factors referred to in Annex 3, Paragraph 2 of this Regulation. 31. If the employer determines that, in addition to the work environment factors or the jobs referred to in Annexes 2 and 3 to this Regulation, there are other work environment factors or jobs that may cause a risk to the safety or health of pregnant women, breastfeeding women or their children, the employer has a duty to take the labour protection measures required for the prevention of such risks. V. Implementation of Internal Supervision of the Work Environment32. The employer, when ensuring the implementation of the internal supervision of the work environment, shall divide the duties, responsibilities and resources in the undertaking and determine the co-operation between: 32.1. the management of the undertaking, the management of units, trusted representatives, labour protection specialists and employees; 32.2. employees, employees of other undertakings who perform work in their territory (for example, suppliers) and visitors; and 32.3. employees to whom the provision of first aid, the performance of fire fighting, evacuation of employees and other measures required in emergency situations have been entrusted. 33. On the basis of the results of a work environment risk evaluation and the information obtained during inspection of workplaces, the employer shall: 33.1. determine the workplaces and types of work where a work environment risk exists and labour protection measures are required for the prevention or reduction of such risk, as well as employees who are subjected to specific risk; 33.2. ensure the development of a plan of labour protection measures, in which the labour protection measures, the time period for implementation thereof and the persons responsible for the prevention or reduction of the risk referred to in Sub-paragraph 33.1 of this Regulation are determined. In determining and taking labour protection measures for the prevention or reduction of the work environment risk, the employer has a duty to ensure that the risk is not transferred to another place or that another risk is not caused; 33.3. compile the lists and other documents specified in the Labour Protection Law and other regulatory enactments regarding requirements for labour protection. The employer is entitled to combine the referred to lists and documents in one or several lists or documents. 34. The employer shall keep the plan of labour protection measures referred to in Sub-paragraph 33.2 of this Regulation and the lists and documents referred to in Sub-paragraph 33.3 of this Regulation for at least three years if another time period for storage of documents has not been specified in the regulatory enactments regarding requirements for labour protection. 35. The employer shall be responsible for timely performance of the labour protection measures referred to in Sub-paragraph 33.2 of this Regulation and shall examine efficiency thereof. 36. The employer shall inform all employees and trusted representatives or representatives of employees regarding: 36.1. the risk factors and the work environment risk that exists in an undertaking and every workplace as a result of such factors; 36.2. the benefit obtained by employees and the undertaking as a result of the elimination of risk factors and the reduction in the work environment risk; 36.3. their tasks and duties pertaining to internal supervision of the work environment (also, regarding the actions required in emergency situations); 36.4. probable consequences, which may occur as a result of failure to comply with the prescribed work procedures; 36.5. labour protection measures; and 36.6. the results of evaluation of the work environment risk, the conclusions made on the basis of such results, the plan of labour protection measures and the labour protection measures taken or to be taken. 37. The employer shall inform each employee regarding the issues referred to in Paragraph 36 of this Regulation, which apply directly thereto. 38. The employer shall ensure that the information referred to in Paragraph 36 of this Regulation is available and comprehensible to employees. 39. The employer has a duty to inform regarding existing work environment risk factors and necessary labour protection measures: 39.1. lessees of the premises of the undertaking, as well as other employers and their employees if employees of several employers are employed at the relevant workplace; and 39.2. visitors, clients of the undertaking and other persons who may be exposed to the work environment risk. VI. Inspection and Improvement of Internal Supervision of the Work Environment40. The employer shall ensure the inspection of the internal supervision of the work environment and detection of conformity to the requirements of regulatory enactments regarding labour protection not less than once a year. 41. When performing the internal supervision of the work environment, it shall be necessary to take into account the results of previous inspections and evaluations of the work environment risk, as well as the type of activity of the undertaking. 42. If it is detected during inspection of the internal supervision of the work environment that it is necessary to make improvements, the employer shall ensure the improvement of the internal supervision of the work environment and performance of the necessary labour protection measures. 43. A person who performs inspection of the internal supervision of the work environment shall inform the employer regarding the results of the inspection if the inspection has not been performed by the employer himself or herself. 44. The employer, on the basis of the results of inspection of the internal supervision of the work environment, shall improve the internal supervision system of the work environment in determining the necessary labour protection measures and including them in the plan of labour protection measures referred to in Sub-paragraph 33.2 of this Regulation. VII. Closing Provisions45. Cabinet Regulation No. 379 of 23 August 2001, Procedures for the Performance of Internal Supervision of the Work environment (Latvijas Vēstnesis, 2001, No. 123; 2003, No. 60) is repealed. Informative Reference to European Union Directives[7 April 2015] This Regulation contains legal norms arising from: 1) 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; 2) Council Directive 92/85/EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (tenth individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC); 3) Directive 2014/27/EU of the European Parliament and of the Council of 26 February 2014 amending Council Directives 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC and Directive 2004/37/EC of the European Parliament and of the Council, in order to align them to Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures; 4) Council Directive 2010/32/EU of 10 May 2010 implementing the Framework Agreement on the prevention of sharp injuries in the hospital and healthcare sector concluded by HOSPEEM and EPSU. Prime Minister A. Kalvītis Minister for Welfare D. Staķe
Annex 1 Inspection of Workplace or Type of Work and Determination of Work Environment Factors Therein and Evaluation Thereof[7 April 2015] Date _______________
Inspection was performed by___________________________________________________________ Participated:
2) other _____________________________________________ Minister for Welfare D. Staķe
Annex 2 Work Environment Factors and Jobs which may Cause Risk to Safety and Health of Pregnant Women and Breastfeeding Women[7 April 2015] 1. Work environment factors: 1.1. physical factors that are regarded as factors causing foetal lesions and (or) placenta rupture, including: 1.1.1. impacts, vibrations; 1.1.2. carrying of heavy items or loads that may cause the risk of dorsolumbar nature (that may affect pelvis); 1.1.3. noise; 1.1.4. ionising radiation; 1.1.5. non-ionising radiation; 1.1.6. high or low temperature; 1.1.7. movements and postures, moving inside the premises of an undertaking and the territory thereof, mental and physical fatigue and other physical overload that may adversely affect the health of a pregnant woman and (or) the unborn child; 1.2. biological factors - biological agents of groups 2, 3, and 4 - or therapeutic measures taken to eliminate the consequences caused by such factors which endanger the health of a pregnant woman or the unborn child and are not referred to in Annex 3 to this Regulation; 1.3. chemical factors - chemical substances, which endanger the health of a pregnant woman and (or) the unborn child and have not been referred to in Annex 3 to this Regulation: 1.3.1. chemical substances and mixtures that correspond to the classification criteria referred to in Annex 1 to Regulation (EC) No 1272/2008 of the European Parliament and the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006, in one or several of the following hazard classes and hazard categories with one or more of the following hazard statements if they have not been referred to in Annex 3 to this Regulation: 1.3.1.1. germ cell mutagenicity, category 1 A, 1 B or 2 (H340, H341); 1.3.1.2. carcinogenicity, category 1 A, 1 B or 2 (H350, H350i, H351); 1.3.1.3. reproductive toxicity, category 1 A, 1 B or 2, or an additional category related to effect on lactation or lactation process (H360, H360D, H360FD, H360Fd, H360Df, H361, H361d, H361fd, H362); 1.3.1.4. specific target organ toxicity after single exposure, category 1 or 2 (H370, H371); 1.3.2. auramine, polycyclic aromatic hydrocarbons; 1.3.3. mercury and substances containing mercury; 1.3.4. antimitotic substances; 1.3.5. carbon monoxide; 1.3.6. chemical substances with certain and dangerous absorption capacity through skin. 2. Jobs: 2.1. production of auramine; 2.2. jobs related to the effects of polycyclic aromatic hydrocarbons present in coal soot, coal tar and coal pitch; 2.3. jobs during which the employees come into contact with dust, fumes and sprays produced during the roasting or electro-refining of cupro-nickel mattes; 2.4. strong acid processes in the production of isopropyl alcohol; 2.5. jobs involving contact with hard wood dust; and 2.6. work in underground (shafts). Minister for Welfare D. Staķe
Annex 3 Work Environment Factors and Jobs the Exposure to which of Pregnant Women and Breastfeeding Women is Prohibited1. Work environment factors, the exposure to which of pregnant women is prohibited: 1.1. physical factors - work in a hyperbaric atmosphere (for example, in containers, under the influence of water, under water); 1.2. biological factors unless pregnant women are not immune to such factors: 1.2.1. toxoplasma; 1.2.2. rubella virus; 1.2.3. cytomegalovirus; 1.2.4. herpes virus; 1.3. chemical factors: 1.3.1 lead and compounds thereof in so far as the human body is capable of absorbing them; 1.3.2. arsenic and compounds thereof; 1.3.3. phosphorus and compounds thereof. 2. Work environment chemical factors, the exposure to which of breastfeeding women is prohibited: 2.1. lead and compounds thereof in so far as human body is capable of absorbing them; 2.2. beryllium and compounds thereof; 2.3. cadmium and compounds thereof. 3. Work in underground (shafts). Minister for Welfare D. Staķe
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