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Legal Framework and Enforcement SystemsLatvian Example
Linda Matisāne
Head of Cooperation and Development UnitState Labour Inspectorate of Latvia
1 December 2015, Bilbao
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
LATVIA – KEY FACTS
PREZENTĀCIJAS NORISES VIETA UN LAIKS
Area (km2) 64 589
Population (2015) 1 976 500
Economically active population (15–74, 2015) 992 300
Employees (15–74, 2015) 884 600
Unemployment rate (2015) 7.2%
GDP (2014, thsd €) 23 580 868
GDP per capita (2014, €) 11 824
Historical overview and current situation of OH&S
Soviet times Today
Average size of the
companies
Big Micr, small, medium
Financing of OSH State Company
Health care centers All big companies Some big companies
Main principle Compensation for
bad working
conditions
Prevention based on
workplace risk
assessment
Control of working
environment
Sanitary-
epidemiological
stations
Internal
External (State
Labour Inspectorate)
4
Legal backgroundTurning point: 01.01.2002.
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
OSH Institutional system
6
Ministry of Welfare – policy maker
State Labour Inspectorate – supervision and control body
OSH Institute – research and training
Social partners – Trade Unions and Employers Confederation
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
Working party - tripartite
• State (Ministry of Welfare, State Labour Inspectorate)
• Trade unions – 1
• Employers’ confederation - 1
• + experts (e.g. National OSH institute, specialized associations)
8
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
Personal
protective
equipment
Health
surveillance
Training
Vaccination
Workplace risk
assessment
Technical
measures
Organizational
measures
Average situation?
Regulations in force, but the biggest problem is safety culture!
Average situation?
5 images5 companies
Similar problems
Enforcement methods used byState Labour inspectorate (SLI)
State Labour Inspectorate (SLI)
1. • direct state authority supervised bythe Minister of Welfare
2. • state supervision and controlinstitution
3. • legal status, functions, tasks andworking procedure are set out in the“State Labour Inspection Law”
4. • financed from the State Budget(annual budget: ~2,56 million EUR)
16
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
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
SLI priorities
The following activities are implemented:
• reduction of unregistered employment;
• reduction of fatal and severe accidents atwork.
19
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
Inspection campaignsCriteria to choose the branch andcompany 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 legalacts
• analysis done by internal IT system• external request
21
SLI structure
22
Director
Deputy Director
Labour Protection Unit
Financial and Administrative Unit
Labour Law Unit
Legal Unit
Cooperation andDevelopment Unit
Senior Expert onInternal Control Issues
Kurzeme Regional SLI
Liepaja Sector
Ventspils Sector
Zemgale Regional SLI
Jelgava Sector
Ogre Sector
Consultative Centre
ERDF Project Manager
Riga Regional SLI
Sector for Reduction of Unregistered
Employment
Pardaugava Sector
Riga District Sector
Centre Sector
Latgale Regional SLI
Daugavpils Sector
Rezekne Sector
Vidzeme Regional SLI
Valmiera Sector
Gulbene Sector
Sigulda Office
Riga Regional SLI
Sector for Reduction of Unregistered
Employment
Pardaugava Sector
Riga District Sector
Centre Sector
Latgale Regional SLI
Jekabpils OfficeSaldus Office
Tukums Office
SLI regional inspectorates and offices
23
Indicators of State Labour Inspectorate
24
2008 2009 2010 2011 2012 2013 2014
Number of employees and civil servants
(includes administration)
234 211 163 158 156 181 181
Number of inspectors employed each year
126 134 112 112 112 124 124
Total number of inspections performed each year
13 238 12 189 10 477 10 378 9 848 10 825 10 317
Number of inspections per inspector performed per year
105 91 94 93 88 87 83
Number of companies per one inspector
729 681 851 921 981 934 *
Number of workers per one inspector
7514 5998 6722 6820 6929 6374 6310
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:
REPORT:
FOLLOW:
@darbaizsardziba
@darbainspekcija
LIKE:
https://www.facebook.com/darbainspekcija
WATCH: http://www.youtube.com/user/LMVDI#p/u
GET INTRODUCED:
http://www.slideshare.net/Valsts_darba_inspekcija
Thank you for your attention!
Linda Matisāne
Head of Cooperation and Development UnitState Labour Inspectorate of Latvia
1 December 2015, Bilbao
