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?
The Cabinet of Ministers' Regulation No. 749 of August 10, 2010, "Regulations on Training in Occupational Safety Issues" (as amended by Regulation No. 883 of December 18, 2012, which came into force on July 1, 2013) states in point 3 that appropriate knowledge in the field of occupational safety can be acquired by completing the following programs:
3.1. Higher professional education programs accredited by the Ministry of Education and Science, if they include knowledge in accordance with the professional standards of "Occupational Safety Specialist" or "Senior Occupational Safety Specialist" – higher-level knowledge;
3.2. Professional development education programs licensed by the Ministry of Education and Science, which are implemented by accredited educational institutions – basic-level and specialized knowledge.
The volume of professional higher education study programs is specified in the points of the mentioned regulations:
4. The volume of a first-level professional higher education study program is at least 80 credit points.
5. The volume of a second-level professional higher education study program is at least 40 credit points. The study program is implemented based on previously obtained higher professional or academic education.
The volume and acquisition of basic-level and specialized knowledge are specified in the following points of these regulations:
6. Basic knowledge in the field of occupational safety can be acquired by individuals who have at least a basic education, by completing a basic occupational safety knowledge education program developed by an educational institution in accordance with the model approved by the Ministry of Education and Science. The volume of the basic occupational safety knowledge program is 60 hours, of which 40 hours are theoretical and 20 hours are practical.
6.1. Specialized knowledge is acquired in a professional development education program, which consists of 40 hours and is related to the respective type of commercial activity, in accordance with the model approved by the Ministry of Education and Science.
All levels of occupational safety training mentioned above can be acquired at accredited educational institutions (training centers). The National Education Opportunity Database (NIID) compiles the educational opportunities offered by educational institutions in Latvia, website: [http://www.niid.lv/](http://www.niid.lv/)
- In what case must an employer involve a competent institution or competent specialist? Can the employer choose not to involve a competent institution or competent specialist?
The Cabinet of Ministers' Regulation No. 99 of February 8, 2005, "Regulations on Types of Commercial Activities in Which the Employer Involves a Competent Institution" specifies the types of commercial activities in which an employer must involve a competent institution, the procedure for involving such an institution, and cases in which an employer may choose not to involve a competent institution while conducting commercial activities. Point 2 of these regulations states that the employer must involve a competent institution in the establishment and maintenance of the occupational safety system if, according to the general classification of economic activities NACE, the employer is engaged in any of the types of commercial activities listed in Appendix 1 of these regulations.
Point 5 of these regulations stipulates that an employer may choose not to involve a competent institution if the company has no more than five employees.
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.