Published: 28.08.2024.
Translated by machine translator
The employer is responsible for the safety and health of employees at work. Every company must have a properly trained occupational safety specialist whose duty is to organize and monitor occupational safety measures and conduct internal supervision of the work environment to ensure compliance with regulatory requirements. The main measures (regardless of the industry) include conducting a work environment risk assessment, implementing appropriate risk reduction measures, providing employee instruction and training for the tasks, organizing periodic mandatory health checks, ensuring appropriate personal protective equipment for protection against identified work environment risks, maintaining work equipment in good working order and conducting regular inspections, ensuring safe handling of chemicals and mixtures (if used), equipping the work environment with appropriate safety signs, etc. Additional information is available here: https://www.lm.gov.lv/lv/darba-aizsardziba and https://www.vdi.gov.lv/en/labour-protection
How many labour protection professionals should be in the company?
What education should labour protection professionals have?
- Where can appropriate knowledge be obtained in the field of labour protection?
Cabinet of Ministers Regulation No. 749 of 10 August 2010, Regulations regarding training in Labour Protection matters (Cabinet Regulation No. 883 of 18.12.2012, in the version which came into force from 1.07.2013) paragraph 3 provides that appropriate knowledge in the field of labour protection may be acquired through the acquisition of the following programmes:
3.1. Higher vocational education study programmes accredited by the Ministry of Education and Science, if they acquire knowledge in accordance with the professional standards “labour protection specialist” or “senior labour protection specialist” - higher level knowledge;
3.2. Vocational improvement education programmes licensed by the Ministry of Education and Science, which are implemented by accredited educational institutions - basic level knowledge and specialised knowledge.
The amounts of the vocational higher education acquisition study programme are specified in the paragraphs of the abovementioned Regulations:
4. The amount of the study programme for the acquisition of first level vocational higher education shall be at least 80 credits.
5. The amount of the study programme for the acquisition of second level vocational higher education shall be at least 40 credits. . The study programme shall be implemented on the basis of previously acquired higher vocational or academic education.
Regarding the amount of basic level and specialised knowledge and the acquisition thereof is specified in paragraphs of these Regulations:
6. Persons who have at least basic education may acquire basic level knowledge in the field of labour protection by acquiring a basic level of labour protection knowledge education programme developed by an educational institution in accordance with the model approved by the Ministry of Education and Science. . The scope of the basic level of knowledge education programme for labour protection is 60 hours, of which 40 hours is a theory section and 20 hours practice.
6.1 Specialised knowledge shall be acquired in a vocational improvement educational programme the amount of which is 40 hours and which is related to the relevant type of commercial activity, in accordance with the model approved by the Ministry of Education and Science.
Training of all the abovementioned levels of education in the field of labour protection may be acquired in accredited educational institutions (training centres). The National Educational Opportunities Database (NIID) compiles educational opportunities offered by Latvian educational institutions,
home page http://www.niid.lv/.
- in what case must the employer involve a competent authority or a competent specialist? Can the employer not involve the competent authority or the competent specialist?
Cabinet of Ministers Regulation No. 99 of 8 February 2005, Regulations regarding the types of commercial activities in which an employer engages a competent institution, prescribes those types of commercial activities in which the employer engages a competent institution, the procedures for the involvement of the competent institution, as well as the cases in which the employer may not involve a competent institution in performing commercial activities. . Paragraph 2 of the abovementioned Regulations prescribes that an employer shall involve a competent institution in the establishment and maintenance of the labour protection system if he or she, in conformity with the classification of general economic activity NACE, performs any of the types of commercial activity referred to in Annex 1 to these Regulations.
Paragraph 5 of these Regulations prescribes that an employer may not involve a competent institution if there are no more than five employees in the undertaking.
In accordance with Paragraph 5.1 of Cabinet Regulation No. 99, Regulations regarding types of commercial activities in which an employer engages a competent institution - if there are 6 to 10 employees in an undertaking, the employer may not involve a competent institution, if he or she ensures fulfilment of the following requirements:
5.11. a labour protection system has been established and operates in the undertaking;
5.12. internal supervision of the working environment and risk assessment in an undertaking shall be performed by a labour protection specialist whose knowledge conforms to one of the following requirements:
5.12.1. has acquired vocational higher education in labour protection;
5.12.2. has acquired higher education in natural sciences, engineering sciences, health protection field or legal sciences and has at least five years of professional experience in the relevant profession or labour protection, as well as he or she has acquired a knowledge education programme of the basic level of labour protection in the amount of 160 hours or the acquisition thereof has been commenced until 30 June 2013;
5.12.3. has acquired a basic level of labour protection knowledge education programme and a specialised knowledge education programme in the field of labour protection in relation to the relevant type of commercial activity. sub-paragraph .(5.12.3 shall come into force on 1.07.2013)
Paragraph 5.2 of the abovementioned Regulations stipulates that if an undertaking has 11 or more employees, the employer may not involve a competent institution if he or she ensures fulfilment of the following requirements:
5.21. a labour protection system has been established and operates in the undertaking;
5.22. internal supervision of the working environment and risk assessment in an undertaking shall be performed by a labour protection specialist who has acquired a professional higher education in labour protection.
Answer
Cabinet of Ministers Regulation No. of 25 February 2003 .92 “Labour Protection requirements in performing Construction works” (hereinafter - Cabinet of Ministers No. T.. No. .92 determine requirements when performing construction work s.. According to MK. . N R.. 92 8.1, a person who:
1. has received a certificate of construction practice in the field of construction work management or construction supervision in accordance with the procedures specified in regulatory enactments and conforms to at least one of the following requirements:
1.1. has acquired basic level knowledge in labour protection (theory section) and specialised labour protection knowledge in construction;
1.2. has acquired first level vocational higher education in the field of labour protection; 2. has acquired second level vocational higher education in the field of labour protection.
In order for a person to be able to perform the duties of the labour protection co-ordinator during the project implementation stage, his or her education shall conform to the BOM. . N R.. 92 the requirements laid down in point 8.1.
- Who covers the costs of compulsory health checks on workers?
In accordance with Section 15, Paragraph two of the Labour Protection Law of 20 June 2001 – expenses related to mandatory health examinations of employees shall be covered by the employer. . The third paragraph of that Article provides that expenditure related to compulsory health checks prior to the commencement of employment legal or civil service legal relationships shall be covered by the relevant person by mutual agreement from his own resources or by the employer.
- does the employer have to pay the employee to buy glasses? If Yes, to what extent?
In accordance with Paragraph 12 of Cabinet Regulation No. 343 of 6 August 2002, Labour Protection requirements when working with a display - if it has been determined in the health examination that the employee needs special medical optical vision correction means (glasses) suitable for the performance of work duties, the employer shall ensure the relevant employee with them. . Paragraph 14 of these Regulations stipulates that the necessary expenses (for example, purchase of spectacle lenses and spectacle frames, manufacture of work glasses) shall be covered by work debut s.. The employer shall determine the procedures for the acquisition of special medically optical vision correction means (spectacles) in the agenda regulations or in a collective agreement.
- How often do employees who work in an office (work with a display on a workstation for at least two hours each working day) have to be sent to periodic health checks?
The procedures by which mandatory health examination shall be performed for those employees whose health condition is affected or may be affected by labour environment factors harmful to health, and for those employees who have special conditions at work shall be determined by Cabinet of Ministers Regulation No. 219 of 10 March 2009, procedures by which mandatory Health examination shall be performed
In accordance with the provisions referred to above, employees who perform work in the office (work with a display at the workstation for at least two hours each working day) shall be sent to periodic health examinations every three years. . Sub-Cabinet of Ministers 4.11 (work with a computer (work with displays and workstations) of Annex 1 (work environment factors harmful to health) to Cabinet Regulation No. 219, procedures by which the mandatory health examination shall be performed) States that an employer may send an employee more frequently than once every three years only for the examination of vision by an ophthalmologist or optometrist, ensuring that once every 3 years the health examination of an employee shall be performed by a doctor of occupational diseases in accordance with the procedures laid down in this Regulation.