New Safety and Health Laws

The Ministry of Social Affairs wants to change the Occupational Health and Safety Act so that the administrative burden on employers is reduced and the working environment is more secure. The act has been sent to the coordinating circle.

The most important changes include the following:

• Health checks of employees would become more targeted and proactive, and be required before any exposure to biological hazards and carcinogens.
• The time period to carry out an employee’s first medical examination would be extended from within the first month of employment to within the probationary period.
• Medical checkups should be more targeted; i.e., paying more attention to the particular employee and the hazards in the workplace.
• Employers would have greater discretion regarding the needs of the company when deciding upon staff training and first aid provisions. Employers also would have more freedom to decide on the manner of supervising work to fit their particular workplace and its risks and issues.
• Minor workplace accidents would no longer need to be reported; the duty to report would be limited to cases involving temporary incapacity for work, severe personal injury, or death.
• In order to avoid duplicate proceedings, the Labor Inspectorate would be granted the right to refuse to investigate a fatal workplace accident if criminal proceedings have been initiated.
• The obligation of the employer to inform the Labor Inspectorate of the commencement of its activities and/or the change of its field of activity would be eliminated.

Comment

The intention of the changes is to improve the legal clarity of health and safety regulations and significantly reduce bureaucracy. The law will be clearer for employees and employers to understand and follow in their everyday activities. It should also provide greater flexibility, which should ultimately lead to lower costs.

Written by Kreet Kurvits of TGS Baltic and Roger James of Ogletree Deakins