Legal Framework and Enforcement Systems Latvian Example

Transcription

1 Legal Framework and Enforcement Systems Latvian Example Linda Matisāne Head of Cooperation and Development Unit State Labour Inspectorate of Latvia 1 December 2015, Bilbao

2 Content Difference between old Soviet system and EU OSH principles Process of transposition and implementation of the EU Directives Enforcement methods (Work of State Labour Inspectorate) 2

3 PREZENTĀCIJAS NORISES VIETA UN LAIKS LATVIA KEY FACTS Area (km 2) Population (2015) Economically active population (15 74, 2015) Employees (15 74, 2015) Unemployment rate (2015) 7.2% GDP (2014, thsd ) GDP per capita (2014, )

4 Historical overview and current situation of OH&S Average size of the companies Soviet times Big Today Financing of OSH State Company Micr, small, medium Health care centers All big companies Some big companies Main principle Control of working environment Compensation for bad working conditions Sanitaryepidemiological stations Prevention based on workplace risk assessment Internal External (State Labour Inspectorate) 4

5 Legal background Turning point: Major changes from 1998 when transposition of the EU OH&S Directives started The legal framework of the OH&S system: set up by the Labour Protection Law the law transposes the requirements and principles of EU Framework Directive on safety and health at work huge number of regulations of the Cabinet of Ministers (including PPE, noise, vibration, safe use of chemicals, construction sites etc.) 5

6 OSH Institutional system Ministry of Welfare policy maker State Labour Inspectorate supervision and control body OSH Institute research and training Social partners Trade Unions and Employers Confederation 6

7 Transposition Directives are translated A working party is set up An agreement within the working party is reached The draft is circulated for official consultations The legal act is approved by the Saeima, issued by the Cabinet of Ministers Transition period might be agreed Published by the official journal 7

8 Working party - tripartite State (Ministry of Welfare, State Labour Inspectorate) Trade unions 1 Employers confederation experts (e.g. National OSH institute, specialized associations) 8

9 Implementation Information council tripartite: Guidelines, posters, seminars, conferences Films and videos Websites Campaigns E-tools, social media etc. Good practise awards Control and supervision 9

10 Health surveillance Workplace risk assessment Personal protective equipment Technical measures Vaccination Training Organizational measures

11 Average situation?

12 Regulations in force, but the biggest problem is safety culture!

13 Average situation? 5 images 5 companies Similar problems

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15 Enforcement methods used by State Labour inspectorate (SLI)

16 State Labour Inspectorate (SLI) 1. direct state authority supervised by the Minister of Welfare 2. state supervision and control institution 3. legal status, functions, tasks and working procedure are set out in the State Labour Inspection Law 4. financed from the State Budget (annual budget: ~2,56 million EUR) 16

17 SLI tasks and functions (I) The main tasks and functions: To supervise and control implementation of the requirements of legal acts in the field of occupational health and safety and labour legal relations; To control fulfilment of the mutual obligations of employers and employees imposed by employment contracts and collective agreements; To promote co-operation of employers and employees and to carry out measures to facilitate resolution of disputes between employer and employees; 17

18 SLI tasks and functions (II) To perform investigation and registration of accidents at work and to participate in investigation of the cases of occupational diseases; To provide consultations to employers and employees on the requirements of legal acts in the field of OH&S and labour legal relations; To perform tasks of the national Focal Point of the European Agency for Safety and Health at Work 18

19 SLI priorities The following activities are implemented: reduction of unregistered employment; reduction of fatal and severe accidents at work. 19

20 Main directions of work Inspection: Pro-active Reactive: Accidents at work Occupational diseases Complaints Information: Consulting centre On-line (websites, social media) Seminars Conferences Interactive methods 20

21 Inspection campaigns Criteria to choose the branch and company to be inspected rate of fatal and severe accidents at work rate of occupational diseases rate of «sudden deaths» prevalence of undeclared employment high risk industries: list of high risk industries set by legal acts analysis done by internal IT system external request 21

22 SLI structure Deputy Director Labour Protection Unit Labour Law Unit Consultative Centre Financial and Administrative Unit Director ERDF Project Manager Senior Expert on Internal Control Issues Legal Unit Cooperation and Development Unit Kurzeme Regional SLI Liepaja Sector Ventspils Sector Saldus Office Zemgale Regional SLI Jelgava Sector Ogre Sector Tukums Office Riga Regional SLI Sector for Reduction of Unregistered Employment Centre Sector Pardaugava Sector Riga District Sector Latgale Regional SLI Daugavpils Sector Rezekne Sector Jekabpils Office Vidzeme Regional SLI Valmiera Sector Gulbene Sector Sigulda Office 22

23 SLI regional inspectorates and offices 23

24 Indicators of State Labour Inspectorate Number of employees and civil servants (includes administration) Number of inspectors employed each year Total number of inspections performed each year Number of inspections per inspector performed per year Number of companies per one inspector Number of workers per one inspector *

25 Challange - changes in labour market Development of alternative forms of «employment»: Microcompanies Self-employed persons «Rents» Different definition of term «workplace»: Distance work Posted workers «Part-time» jobs 25

26 INQUIRE: LIKE: WATCH: GET INTRODUCED: 26

27 Thank you for your attention! Linda Matisāne Head of Cooperation and Development Unit State Labour Inspectorate of Latvia 1 December 2015, Bilbao