The Labour Protection Act

Original Language Title: Darba aizsardzības likums

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The Saeima has adopted and the President promulgated the following laws: law on the protection of chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) labour protection, safety and health of employees at work;
2) labour protection measures — preventive legal, economic, social, technical and organisational measures, which aim to create a safe and healthy work environment, as well as preventing accidents at work and occupational diseases;
3) labour protection specialist-employee whose duty is to organize and control the employment protection measures and to carry out internal monitoring of the working environment and who are trained in the order of the Cabinet of Ministers;
4) work equipment — any device (machine, mechanism), apparatus, tool or installation used at work;
5) employer: the natural person, legal person or legal interest in the partnership that employs at least one population;
6) work environment: the work space with its physical, chemical, biological, physiological, psychological and other factors, of which the employee is exposed, in carrying out its work;
7) internal monitoring of the working environment: business planning, organisation, implementation and management in such a way as to guarantee a safe and healthy work environment, 8) risk: the probability that workers ' safety or health in the working environment can occur, and the potential severity of injury;
9) work place — the place where the employee carries out his work within the company as well as any other place where a worker is available as you work, or where the employee works with the employer's permission or order;
10) competent authority: the authority that is to carry out internal monitoring of the working environment in the company and the labour protection rated cabinet order;
11) competent professionals — professionals who are competent to carry out internal monitoring of the working environment in the undertaking, and that the competence of the Cabinet of Ministers assessed in the order;
12) consultation, exchange of views and establishment of dialogue between representatives of employees and employers to reach agreement;
13) employee: any natural person employed by the employer, to civil servants and persons employed in the production or teaching practice;
14): employed workers Trade Union, which acts on behalf of its statutes empowered Trade Union body or official, and the authorized representative of employees, which do not fall within the mandate of the law, which is the only employee unions;
15) serious and immediate danger: the danger of employee life and health, which can occur suddenly, in a short amount of time and permanently affect employee health;
16) preventive measures — the steps or measures taken or planned at all stages of work in the undertaking to prevent or reduce the risk;
17) company-organizational unit in which the employees employed by the employer;
18) confidant — elected to the employed person who trained the cabinet order and represent the interests of employees in the labour protection;
2. article. The purpose of the law the purpose of the law is to guarantee and improve workers ' health and safety at work, with employers, workers and their representatives, as well as the obligations of the public authorities, the rights and the protection of mutual relations.
3. article. The scope of application of the law, the law applicable in all areas of employment, if other laws provide otherwise.
4. article. Health general principles (1) the protection measures taken by the employer in accordance with the following general protection principles: 1) work environment designed to avoid risk or reduce imminent risk;
2) eliminates the risk causes;
3) work adapted to the individual, mainly work arrangements, work equipment, as well as working and production methods of choice, paying particular attention to facilitate the dull job and work with a predetermined rhythm and reduce its negative impact on health;
4) take into account the technical, hygiene and medicine;
5) shall be replaced by the safe of dangerous or the less dangerous;
6) establish a coherent and comprehensive labour protection measures;
7) give preference to collective labour protection measures compared to individual employment protection measures;
8) prevents the risk of effects on the safety and health of workers, which, in accordance with the laws laid down special protection;
9) during the briefing and training of employed labour protection legislation;
10) working in the field of the protection of works with employees and persons of trust.
(2) self-employed are obliged to take care of his safety and health at work, as well as the safety and health of persons, affecting or likely to affect his work.
Chapter II obligations of the employer and article 5 of the law. Health system (1) according to the General principles of protection the employer has a duty to organize labour protection system, which includes: 1) the environmental risk assessment;
2) internal monitoring of the working environment;
3) labour protection organizational structure;
4) consultation with employees, to engage them in improving labour protection.
(2) the employer shall have a duty to ensure the protection of the system operations of the company.
(3) protection of health related costs shall be borne by the employer, as well as law — from work-specific budget.
6. article. The employer's right to organise labour protection in the company, the employer has the following rights: 1) in accordance with the law to apply disciplinary measures for employees on employment protection legislation and other labour protection regulations, as well as the requirement of the employer to fulfil labour protection matters;
2) impose additional job training defence worker who violated labour protection legislation or other labour protection rules, if such breach not caused risk other people's safety and health, training, employed during the saving of minimum wages;
3) apply risk assessment method and standards to match the company's technical and economic resources, activities, and working conditions;
4) to identify the workforce guarantees and facilities working in the field of the protection of the laws and regulations in addition to those guarantees and relief;
5) propose to conclude an agreement with workers, labour protection measures they need funds and the establishment of procedures for their use in accordance with the labour protection legislation;
6) challenged the State labour inspection official warnings, orders or decisions in the procedure stipulated by law.
7. article. The internal working environment monitoring (1) the employer shall ensure the internal monitoring of the working environment in the company.
(2) the employer shall document the risk assessment results and draw up their profession (post) or job listings that: 1) the State of health of employees affected or may affect the health of the working environment factors;
2) is employed in particular circumstances;
3) employed work is related to the potential risk to the health of other people.
(3) the lists indicate the employer's specific job protection measures and protection features to be used, as well as the effectiveness of protection of the results of the inspection. If you have similar working conditions, it is sufficient to specify the terms of the said summary documents.
(4) the order in which the internal monitoring of the working environment, including environmental risk assessment shall be determined by the Cabinet of Ministers.
8. article. Risk assessment (1), the employer shall assess the risk in the following order: 1) identifies the risk factors which cause or may pose a risk to the safety and health of workers;
2) determine the employees or other persons whose safety and health are subject to risk;
3) assess the risk and nature;
4) determines what job protection measures are necessary to prevent or reduce the risk.
(2) the environmental risk assessment to be carried out in the establishment for each type of operation. If you have similar working conditions, enough with the work environment risk assessment in the same work or work that way.
(3) in assessing the risk, the employer shall take into account that the risk to the safety and health of employees mainly can lead to: 1) job placement and installation;
2) work equipment selection and use;
3) physical, chemical, biological, psychological, physiological and other working environment factors;
4) working and production methods, the choice and, as well as the work and organisation of working time;
5) inadequate employee training and instruction, employment protection legislation;
everything in this article 6) part of that set of circumstances.
(4) On the risk assessment results, the employer of article 9 of this law the fifth subparagraph shall inform the cases provided for in the national labour inspectorate. If the employer launched another type of activity, it shall notify the State labour inspection.

9. article. Health organizational structure (1) for the purpose of employment protection measures and internal monitoring of the working environment, the employer shall: 1) can perform labour protection specialist responsibilities: If a company has no more than five employees and employers have trained cabinet order;
2) designate the labour protection specialists — if the company has fewer than 50, but more than five workers;
3) designate the number of health professionals, or create the organizational unit for the protection, if your organization has 50 or more employees.
(2) the employer shall grant the protection specialist, necessary resources and time (time) so he could perform his duties.
(3) If the first part of this article and article 5, first paragraph, of the protection set out in the organizational structure is not possible, the employer shall create employment protection system design and maintenance (except information employed) involve the competent body or competent professional.
(4) the employer shall inform the competent authority or competent authorities for the protection of the work and the workplace, as well as the work environment factors which presents or may present a risk to workers ' safety and health.
(5) the ways in which the business of an employer required to attract competent institution determined by the Cabinet of Ministers.
(6) the Cabinet of Ministers shall lay down the requirements, the competent authorities and competent professionals working on defence questions.
10. article. Consultation, information and participation in active labour protection (1) the employer's duty to work in the field of the protection of workers or consult with a person of trust, as well as to ensure the confidence of people the opportunity to participate in discussions on matters relating to: 1) measures that may affect the safety and health of workers;
2) job creation and protection services;
3 the posting of workers), which entrusted the provision of first aid, fire-fighting and evacuation measures employed;
4) internal monitoring of the working environment, workers ' awareness of labour protection, where the work is to another employer or more employers;
5) instruction and training in the planning and organizing of work;
6) other health issues.
(2) the employer shall inform employees and agents about the risk for job protection measures for those working in the company as a whole and the protection measures that are directly relevant to each job and way of working, as well as on the measures taken pursuant to article 12 of this law the provisions of the second paragraph.
(3) the employer shall ensure that labour protection specialists, fiduciaries and workers would have access to information on: 1) the environmental risk assessment results and article 7 of this law referred to in the second paragraph of the profession (post) or job listings;
2) laid down by the employers job protection measures and the means of protection;
3) accidents at work and occupational disease;
4) National Labour Inspectorate's explanations, advice and guidance in matters of protection of work, as well as on the National Labour Inspectorate's warnings, orders and decisions relating to labour protection system in the company;
5) other health issues in the company.
11. article. Protection against serious and direct danger (1) the employer shall ensure that: 1) workers who, in accordance with the risk assessment work may entail serious and immediate danger, immediately be aware of these dangers, as well as of the work to be carried out or the measures of protection;
2) jobs, which according to the risk assessment of workers may face serious and immediate danger, would be available only to those employees who are trained to work in or trained in the field of defence, taking into account the specificities of the place of work;
3) in the case of serious and immediate danger threatening the workers and other people's safety and with the direct supervisor or health professional, the trustee or the employer not be contacted — workers according to their knowledge and their disposal the technical means to be able to take appropriate measures to avoid such danger;
4) serious and direct danger employees could stop working and leave the endangered jobs.
(2) the employer shall not be entitled to require workers to resume work unless the necessary measures for the prevention of danger.
12. article. First aid and other emergency measures (1) the employer provides the company the necessary measures for first aid, emergency hazardous installations limit the effects or clearance, fire-fighting, and employed other people to evacuate.
(2) the employer shall: 1) communicates with external services, particularly services that provide emergency medical assistance and take fire and rescue work;
2) designate employees who are trained in first aid, fire-fighting and evacuation measures employed, and ensures that these workers should be in sufficient numbers, respectively, briefed and provided with necessary equipment.
(3) the order in which provide training in first aid shall be established by the Cabinet of Ministers.
13. article. Accidents at work investigation the employer provides accident investigation and carried out their work. Accidents at work investigation and accounting procedures established by the Cabinet of Ministers.
14. article. Employee and confidante of instruction and training (1) the employer shall ensure that every employee receive a briefing for labour protection, which relates directly to his place of work and working out. Following instruction at the beginning of work, changes in the nature of the work or working conditions, by introducing new or changing the previous work equipment and introducing new technology. Employment briefing adapted to risk change and periodically repeated.
(2) the employer shall ensure confidante additional job training in the field of the protection of the month after the election.
(3) trust the person additional training in the field of the protection of the work to be carried out during work. Expenses related to additional training, shall be borne by the employer.
(4) labour protection instructions and training should be understandable and suitable workers for their vocational training. The employer shall ensure that an employee is understood labour protection instructions and training.
15. article. Compulsory health check, the employer provides the mandatory health checks for those workers included in the Cabinet of Ministers approved their professions (posts) and in the list of jobs that workers exposed to particular risks. The order in which to carry out the checks shall be determined by the Cabinet of Ministers.
16. article. More employer cooperation (1) If the same workplace employing more workers by employers, for employers, making employment protection measures, is obliged to cooperate. Having regard to the nature of the work and working conditions, the employer has the obligation to reconcile employment protection measures taken, and to inform each other, their employees and agents about the risk, as well as to provide appropriate instruction to workers.
(2) the employer shall take the necessary measures for its company from another company involved in the workers ' employer at the time (before the engagement) for information on risk, on measures for the protection of the company work in General and those of the protection measures that are directly relevant to each job and way of working, as well as on the measures taken pursuant to article 12 of this law the provisions of the second paragraph.
(3) the employer shall ensure that the companies involved in the work of other employees of the employer receive instruction in the field of the protection of the work prior to the commencement of work and throughout the period when they are employed in the company.
Chapter III the employee and trustee responsibilities and rights of article 17. Employed the duties the employee working in the area of defence is obliged: 1) take care of their safety and health and the safety and health of persons, which affects or may affect the worker's employment;
2) using work equipment, hazardous substances, and other means of production in accordance with the statutory documentation (manufacturer's instructions, the chemicals and chemical products, safety data sheets, etc.);
3) use the collective means of protection, as well as his actions placed at personal protective equipment in accordance with the statutory documentation (manufacturer's instructions, the chemicals and chemical products, safety data sheets, etc.) and after use the appropriate remedies to place them in the space provided;
4) comply with safety signs, and use safety devices, which supplied equipment and work space, in accordance with the statutory documentation (manufacturer's instructions, the chemicals and chemical products, safety data sheets, etc.) and to refrain from the arbitrary application of security devices, change or transfer;

5) immediately to report to the employer, the supervisor or direct labour protection specialist for accidents at work, as well as for any work environment factors which cause or may cause a risk to the safety and health of persons, also about the shortcomings of the system for the protection of the company;
6) to participate in a briefing held by the employer and training in the field of the protection of labour;
7) collaborate with employers or labour protection specialist, to comply with the requirements contained in the National Labour Inspectorate's findings, the warnings, orders or decisions about the company's labor protection system;
8) co-operate with the employer or the labour protection specialists, safe working environment and working conditions, to avoid any risk to the safety and health of workers;
9) attend compulsory health checks in accordance with the employer's order.
18. article. Employed in the right to opt out of working out and participation in health activities (1) the worker has the right to refuse to work if: 1) the job creates or may create a risk to the employee or another person and the safety and health of such risks are inevitable in a different way;
2) work equipment in use or is not equipped with the necessary safety devices or employee does not pass the necessary personal protective equipment;
3) perform the work in question related to the use of work equipment that does not conform to the vocational training of the employed or the briefing provided by the employer for work;
4) are not complied with the National Labour Inspectorate's warnings, orders or decisions on labour protection organization in the workplace.
(2) waiver of work employee immediately notify direct supervisor or health professional, or trustee, or employer.
(3) there should be no adverse effect on the workers in this article and article 11 of this law in the first part of the action referred to in paragraph 4, except for gross negligence or cases in which employees had acted with bad intent.
(4) the employee and the trust has the right to apply to the national labour inspectorate with the submissions, if they believe that the employer's labour protection measures taken, as well as assigned and the means used is not enough to ensure workers ' safety and health at work. Fiduciaries are entitled jointly with the National Labour Inspectorate's officials to participate in workplace inspections.
(5) in order to determine the protection measures, the level of resources required and their use in accordance with the procedures of the labour protection legislation, workers or workers ' representatives may propose to conclude an agreement between the employer and the workers.
19. article. The right to compensation of employees, employment or civil service relations due to safety and health hazards at work if the employees unilaterally terminates the employment relationship or the civil service relationship due to the fact that the employer does not take all the necessary measures for the protection, and is significantly compromised the safety and health of workers at work, and risk the fact confirms the opinion of the State Labour Inspectorate, the employer is obliged to pay the worker compensation not less than six months average earnings.
20. article. Representation of employees working in the field of the protection of (1) your company or it Department, employing five or more workers, these workers or their representatives, taking into account the number of people employed, the nature and activities of the enterprise risk, elect one or more agents.
(2) If a company or it Department elected at least two agents, they elect from their main confidante. If the Organization elected, at least 10 of the agents, they create a trustee Committee that coordinates the activities of the trustee.
(3) the employer shall provide the trustee with necessary tools, as well as working time within the granted them time that trustee duties in the collective agreement or another written agreement between the employer and the employees to trust the person could exercise their rights and obligations in the field of labour protection. The employer paid fiduciaries average earnings for this time.
(4) the employer may, on its own initiative to terminate employment or civil service relations with the trustee, it must obtain the consent of the State Labour Inspectorate.
(5) the trustee election and operational procedures, taking into account the number of people employed, the nature and activities of the enterprise risk, determined by the Cabinet of Ministers.
21. article. Trustee's participation in internal working environment under the supervision of a person of trust: 1) are involved in the risk assessment of the working environment, the protection planning and testing, as well as the effectiveness of work equipment conformity assessment;
2) participate in accidents at work in the investigation and production of equipment and commissioning of objects, as well as the work environment internal surveillance;
3) receives from the employer's employment protection laws, rules, regulations, instructions, technical documentation and other labour protection rules, as well as explanations and other information relating to the protection of health;
4) require the employer to take measures for the protection and make proposals, the implementation of which prevent or reduce the risk of the safety and health of employees.
22. article. Benefits for those workers who, in accordance with the laws laid down special protection (persons under 18 years of age, pregnant women, women who have recently given birth, the disabled, workers included in this law article 7, second paragraph the lists), as specified in the environmental risk assessment, as well as the doctor's opinion is entitled to the employer for certain additional benefits.
Chapter IV State and local competence in the field of the protection of article 23. State policy in the field of labour protection (1) the State policy in the field of the protection of the work is based on: 1) the worker safety and health a priority;
2) State, local, employers ' organisations and workers ' Trade Union cooperation in labour protection matters;
3) labour protection coordination with other economic and social issues;
4) scientific studies in the field of labour protection;
5) State participation in financing of measures;
6) secure the process, equipment, collective and personal protective equipment design, manufacture and purchase incentives;
7) training institutions working in the field of protection;
8) State supervision and control work;
9) employment social protection in connection with accidents at work and occupational diseases;
10) the European Union and the International Labour Organization;
11) international cooperation in the field of labour protection.
(2) the protection measures of the State budget-funded institutions is provided in the annual State budget act in the framework of the funds.
24. article. Public administration in the field of labour protection (1) the public administration in the field of the protection of the work implemented by the Cabinet of Ministers and its tasks, the Ministry of welfare.
(2) the Ministry of welfare: 1) develop national policies for the protection and coordinates its implementation;
2) coordinates the activities of the public administration of labour protection matters;
3) monitors the State labour inspection activities;
4) develop and coordinate the National Trilateral Cooperation Council national programmes of work;
5) develop and coordinate the National Trilateral Cooperation Council employment protection legislation;
6) coordinates the work of mainstreaming the protection in international agreements;
7) national statistical accounting and statistical reporting system in the area of labour protection after coordination with Central Statistical Bureau.
(3) the Ministry of education and science in accordance with the procedure laid down in the law on labour protection specialists in the development and preparation of trustee program (excluding study programmes) samples and samples of the training programme in the field of the protection of labour.
(4) national regulatory authorities within its scope to develop projects in labour protection laws and regulations issued by the Cabinet of Ministers.
25. article. The mandate of the Cabinet, issue provisions on the protection of health, the Cabinet of Ministers issued the rules on labour protection requirements: 1);
2 the use of work equipment);
3) using personal protective equipment;
4) working with the display;
5) moving loads;
6) works;
7 security sign use);
8) mineral extraction, drilling them;
9) surface and underground mineral extraction;
10) for work on board fishing vessels;
11) contact with chemical substances;
12) contact with organic substances;
13) regarding the noise level in the work;
14) working with asbestos;
15) for medical treatment on board vessels;
16) contact with carcinogenic substances;
17) working height;
18) with regard to the other requirements under the European Union Directive of the labour protection.
Chapter v supervision, control, and accountability in the field of the protection of

26. article. The national monitoring and control work in the field of the protection of the State supervision and control of work carried out in the field of the protection of the national labour inspectorate and other law authorized institutions within the limits of its competence.
27. article. The employer and another person liability (1) the employer shall be responsible for the safety and health of employees at work.
(2) the liability of the employer not restrict workers and competent bodies or competent professional responsibilities in the field of labour protection.
(3) in matters within their competence, for the safety and health of employees at work in the employer's response — legal persons — monitoring body or executive body, the person who is authorized to represent the particular partnership, and other laws and regulations of the authorised persons.
28. article. Liability for violations of the law On labour protection legislation of the offences the perpetrators called to statutory liability.
Transitional provisions 1. With the entry into force of this law shall lapse by law "On labour protection" (Republic of Latvia Supreme Council and Government Informant, 1993, no. 20; The Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1995, nr. 8).
2. the Cabinet of Ministers until 30 June 2002 does this law 7, 8, 9, 12, 13, 15, 20 and 25 the provisions referred to in the article.
3. Until the new cabinet from the date of entry into force of the provisions, but no longer than June 30, 2002, the following applicable Cabinet rules: 1), 3 April 2001, Regulation No 153 of "health and safety rules when working with display and examining the workplace";
2) 13 February 2001, Regulation No 72 of "health and safety requirements when working with chemicals and chemical products in the workplace";
3) 19 September 2000 of Regulation No 318 "rules on occupational safety and Health Organisation and job placement requirements on construction sites";
4) 2 May 2000 No. 167 of the rules "with the system of the Ministry of Interior officers of the accident investigation and accounting arrangements";
5) 25 April 2000, no. 159, the provisions of the "rules for the use of personal protective equipment at work;
6) February 8, 2000 regulations No 44 "provisions concerning the minimum safety and health requirements for the use of work equipment";
7) of 3 august 1999 rules no. 270 "provisions on safety and health requirements for the moving weights";
8) 22 December 1998 regulations No. 470 "accidents at work investigation and accounting arrangements";
9) 25 august 1998 No. 317 of the rules "rules for the safety and health of workers at work with asbestos";
10) 25 august 1998 of Regulation No 318 "safety marks requirements for use in the workplace";
11) 4 October 1994 the provisions of Amendment No 201 "Cabinet of 22 February 1994 of Regulation No 53" On labour protection, safety engineering and technical supervision of dangerous equipment in the legislative drafting and approval procedures ";
12) February 22, 1994, the provisions of no. 53 "On labour protection, safety engineering and technical supervision of dangerous equipment in the legislative drafting and approval of the agenda".
4. the Cabinet of Ministers until 2002 December 31 shall draw up rules concerning: 1) the safety and health requirements for work on board fishing vessels;
2) health and safety requirements relating to medical care on board ships;
3) workers ' safety and health at work in potentially explosive atmospheres.
5. The Ministry of education and science until March 1, 2002, this law established in article 24, third subparagraph in samples.
The law shall enter into force on 1 January 2002.
The Parliament adopted the law of 20 June 2001.
 
State v. President Vaira Vīķe-Freiberga in Riga on 6 July 2001 the law shall enter into force on January 1, 2002.
 
 

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