Official translation
REPUBLIC OF LITHUANIA LAW
AMENDING
THE LAW ON LABOUR PROTECTION
26 July 1994, No. I-266
(as amended by 17 October 2000 No.VIII-2063)
Vilnius
Article 1. New Version of the Republic of Lithuania Law on Safety at Work
To amend the Law on Safety at Work to read as follows:
“REPUBLIC OF LITHUANIA LAW ON SAFETY AND HEALTH AT WORK
The Seimas of the Republic of Lithuania,
striving to implement the Constitutional provisions, ensuring the right of each individual to proper and safe working conditions posing no threat to their health,
recognising the provisions relating to social justice laid down in the Constitution of the International Labour Organisation and in the Declaration of the General Convention of the International Labour Organisation of May 10, 1944;
recognising each individual’s right to adequate and proper working conditions stipulated in the Universal Declaration of Human Rights;
considering that accidents at work, occupational diseases and bad working conditions cause physical, moral and economic damage to people, undertakings and the State,
adopts the national policy on safety at work and occupational health based on the following principles:
priority of preservation of the worker’s life, health and functional capacity over work performance or production results;
the responsibility of the employer and worker to meet the requirements of legal acts related to the safety at work and occupational health;
tripartite co-operation of the State, employers’ and workers’ organisations in the sphere of safety at work and occupational health ;
development of research in the sphere of safety and health at work;
introduction of economic measures to ensure safe and healthy working conditions;
establishment of uniform procedures for training specialists in the sphere of safety and health protection at work and for investigation of accidents and causes of occupational diseases;
uniform control of safety and health at work on the national level;
guided by the provisions of EU Directive on the introduction of measures to encourage improvements in the safety and health of workers at work (89/391/EEC), of the Working Time Directive (93/104/EEC), of the Directive on the Protection of Young People at Work (94/33/EEC) and on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (92/85/EEC), as well as by Conventions of the International Labour Organisation,
adopts this Law of the Republic of Lithuania on Safety and Health at Work.
Article 1. Purpose of the Law on Safety and Health at Work
The purpose of this Law is to lay down :
1) general legal provisions and requirements in order to protect workers against occupational risks or to reduce such risks;
2) the principles of occupational risk assessment and reduction and the general provisions of investigation of accidents at work and occupational diseases;
3) the general provisions of organising working time and rest periods and the obligatory requirements on safety and health at work applicable to working young people, pregnant workers and workers who have recently given birth or are breastfeeding and persons with limited functional capacity.
4) the competence of the bodies of public or local authorities and the rights and obligations of employers and workers in order to ensure safe and healthy working conditions;
Article 2. Main Concepts
1. Occupational safety and health at work means all preventive measures intended for the preservation of functional capacity, life and health of workers at work, which are applied or planned in all stages of an undertaking’s activity in order to protect the workers from occupational risks or to minimise this risk.
2. An undertaking means enterprises, institutions, organisations, public or local institutions or establishments of all types of activities and forms of ownership, the legal status of which, activities, establishment, reorganisation and liquidation procedure is regulated by the relevant laws of the Republic of Lithuania, as well as other entities.
3. Employer means owners of all types of undertakings, their heads, appointed elected or otherwise authorised in compliance with laws regulating appropriate types of undertakings (under articles of association, regulations, incorporation documents) to conclude in the name of the undertaking, to modify and terminate employment contract, perform other actions under labour legislation, as well as farmers who have concluded an employment contract with at least one natural person. When the employment contract is concluded between natural persons, the employer is a natural person.
4. Head of a subdivision of an undertaking means a representative of the Administration of an undertaking, entrusted by the employer to manage a structural subdivision of the undertaking and to implement the requirements of safety and health at work in this subdivision.
5. Worker means a person employed by the employer, who works at the workplace assigned to him by the employer, under indefinite or fixed-term employment contract as well as person who has acquired the status of a public servant established by laws and who works in the government or local authority institution or establishment.
6. Workers’ representative means a person designated by the trade union of an undertaking or elected representative of workers, approved by the general workers’ meeting (conference) who has the right and the duty to represent the interests with regard to safety and health at work of the workers of the undertaking, subdivision of the undertaking or a shift.
7. Workplace means totality of workstations in the buildings (premises) of the undertaking and any other place within the area of the undertaking to which the worker has access in the course of his or her employment. The area of the undertaking means land, internal waters or continental shelf area with fixed boundaries, belonging to the undertaking by the right of ownership or in accordance with the procedure established by laws related to undertakings.
8. Workstation means a place where the worker works or where he must perform the work agreed under employment contract or performs the function of public administration.
9. Working conditions means working environment, nature of work, schedules of work and rest periods, which have direct impact on the worker’s condition, functional capacity, and health.
10. Work equipment means any fitting, machinery (machine), apparatus, instrument, tool, installation or other equipment used at work.
11. Potentially dangerous equipment means relatively dangerous work equipment operation of which, due to energy accumulation or processes within it, is more dangerous to safety and health of workers than other work equipment and is subject to compulsory supervision.
12. Hazardous factor means a risk factor in the working environment which may influence the health of the worker and may cause an occupational or other disease, and a prolonged exposure to which may pose danger to the worker’s life.
13. Dangerous factor means a risk factor in the working environment which may cause acute health disorders or death of the worker.
14. Accident at work means an event at work, including traffic accidents during working time, which is investigated in accordance with the established procedure and deemed an accident at work, entailing a trauma (minor, serious or fatal injury). An event at work when a worker dies from illness not related to his employment, shall not be considered as an accident at work.
15. Accident on the way to / from work means an event which takes place on the direct way between a worker’s workplace and:
16. Occupational disease means an acute or chronic health disorder of the worker caused by one or more hazardous and / or dangerous factors in the working environment, deemed an occupational disease in accordance with the established procedure;
17. Occupational risk (risks) means the probability of injury or other harm to health of the worker due to exposure to a hazardous and (or) dangerous factor (factors) in the working environment;
18. Incident means an unsafe event related to work during which no workers are injured or if the injury received during the incident requires only first aid.
19. Danger means unforeseen danger to workers’ health or life due to collapse of buildings or their constructions, fires or floods, as well as other natural or unforeseeable phenomena which are impossible to forecast in advance.
20. Accident means unforeseen sudden event in an undertaking or its area, causing sudden or delayed danger to people and nature.
21. Legal act on safety and health at work means a legal act which establishes, amends or repeals legal provisions (laws, resolutions of the Seimas or the Government and acts on safety and health at work approved by the Minister of Social Security and Labour or in conjunction with other Minister (Ministers), the Minister of Health Care, Chief State Labour Inspector of the Republic of Lithuania (hereinafter referred to as Chief State Labour Inspector).
22. Persons with limited functional capacity means persons whose functional capacity (ability to work) is limited, in comparison with other persons, because of their congenital or developed health disorders.
23. Working time means any period of time during which the worker must carry out his working functions.
24. Rest period means any period of time which is not the working time (public holidays, annual vacation, weekly rest, daily rest, breaks to rest and to eat).
25. Working time at night (night time) means the time from 10 p.m. until 6 a.m. Night work means work performed during working time at night.
26. Night-shift worker means a worker who spends at least three hours of his or her daily working time working during night time.
27. Shift work means work of regular or occasional nature when the worker is appointed to the same workstation to perform his or her regular work at different times of the day or week according to the shift change indicated in the calendar schedule. Shift worker means a worker who works in shifts.
28. Pregnant worker means a worker who submits to her employer a certificate issued by a health care institution to that effect.
29. Worker who has recently given birth means a worker who submits to her employer a certificate to this effect issued by a health care institution and who takes care of her child until he is 12 months of age.
30. Worker who is breastfeeding means a worker who submits to her employer a certificate issued by a health care institution confirming that she takes care of her child and breastfeeds him until he is 12 months of age.
Article 3. The guarantees of safety and health at work
1. Safe and healthy working conditions shall be ensured for every worker regardless of the nature of business of an undertaking, the type of employment contract (of indefinite duration or fixed-term contract), number of workers, profitability of the undertaking, workstation, working environment, work type, the duration of the working day (shift), the worker’s citizenship, race, nationality, sex, sexual orientation, age, social background, political views or religious beliefs. The guarantees of safety and health at work, provided by this law shall also apply to workers of state and municipal institutions and agencies.
2. The worker’s right to work in safety shall be enforced by this Law and by other legal acts on safety and health at work, by establishing the duty of the employer to ensure the worker’s safety and health at work in all aspects related to his or her work, granting the worker the right to demand safe and healthy working conditions and make proposals to this end to the employer, head of a subdivision, workers’ representative, or the safety and health committee in the undertaking, as well as providing the right to apply to the State Labour Inspectorate under the Ministry of Social Security and Labour (hereinafter referred to as State Labour Inspectorate) or other state institutions when safety and health at work is not guaranteed at the undertaking.
Article 4. Application of this law
This law shall apply to each undertaking established in the territory of the Republic of Lithuania, taking into consideration the restrictions provided for in Article 5 of this Law.
Article 5. Special application of this law
1. Provisions of this law and other legal acts on safety and health at work shall not apply to military officers and servicemen of National Defence, to officers of the Ministry of the Interior, Customs, and State Security institutions whose official relations are regulated by appropriate service statutes, when the said persons perform specific tasks not in compliance with the provisions of this law. The legal acts regulating the service of the these officers and servicemen must contain safety and health protection requirements, in order to ensure their safety and health.
2. When the officers referred to in paragraph 1 hereof are performing tasks or work not assigned to the specific activities referred to in paragraph 1 hereof, the provisions of this law and other legal acts on safety and health at work shall apply.
3.The safety and health at work of workers who work with radioactive substances and other sources of ionising radiation shall be regulated by the Republic of Lithuania Law on Radiation Protection, this law and other legal acts on safety and health at work.
SECTION I
PUBLIC ADMINISTRATION OF SAFETY AND HEALTH AT WORK.
CO-OPERATION OF SOCIAL PARTNERS IN DEVELOPING AND IMPLEMENTING THE POLICY ON SAFETY AND HEALTH AT WORK
Article 6. Public administration of safety and health at work
1. The Ministry of Social Security and Labour and the Ministry of Health Care shall, within their power, implements the state policy in the area of safety and health at work in accordance with the Constitution of the Republic of Lithuania, the laws of the Republic of Lithuania, Resolutions of the Government of the Republic of Lithuania and other legal acts.
2. The Minister of Social Security and Labour himself or together with another minister or ministers shall approve legal acts on safety and health at work, establish the procedure for their entry into force and application, and represent interests of the Republic of Lithuania related to safety and health at work in other countries and in international organisations.
Article 7. Safety and Health at Work Commission of the Republic of Lithuania
In order to co-ordinate the interests of the state, workers and employers in the sphere of safety and health at work, the Safety and Health at Work Commission of the Republic of Lithuania (hereinafter referred to as Safety and Health Commission) shall be established, on the principle of tripartite co-operation of social partners (parties). The procedure for the formation of this Commission and its functions shall be established by the Regulations of the Safety and Health at Work Commission, which shall be approved by the Government of the Republic of Lithuania.
Article 8. Territorial safety and health commissions and safety and health commissions in separate sectors of economic activities
1.For the purpose of the implementation of the state policy on safety and health at work, the investigation of prevention of violations of safety and health requirements in undertakings, the County Territorial Safety and health Commissions shall be established in counties, based on the principle of tripartite co-operation of social partners. The procedure of the establishment, formation and the competence of the Commissions shall be laid down by the Minister of Social Security and Labour and the Minister of Health Care.
Article 9. Powers and rights of county governor and local authority institutions in the area of safety and health at work
1. County Governors shall, on the basis of general regulations of the Territorial Safety and Health Commissions approved by the Minister of Social Security and Labour, appoint representatives to the Territorial Safety and Health Commission.
Article 10. Training in safety and health at work. Persons competent in safety and health at work in undertakings
1. Persons competent in safety and health at work shall be trained for safety and health services in undertakings at higher educational institutions and further education colleges of the Republic of Lithuania under special study programmes.
2. Only persons with college or higher education having special knowledge necessary to work in a specific field of economic activity may work as specialists in safety and health at work in an undertaking.
3. The procedure for improvement of qualifications of specialists in safety and health at work shall be set by the Ministry of Social Security and Labour in conjunction with the Ministry of Health Care.
4. Secondary schools of general education must instruct pupils on the basic requirements of safety and health at work and at home.
5. Students of higher schools, colleges and vocational training schools must be instructed on the requirements of safety and health protection at work in the specialities and professions they are studying.
Article 11. Financing of research in safety and health at work
1. Research in safety and health at work shall be financed from the allocations for research and studies from the State Budget.
2. Research programmes for safety and health at work shall be approved, their implementation shall be co-ordinated and proposals for the draft state budget concerning the resources necessary for research shall be submitted by the Ministry of Social Security and Labour upon the co-ordination with the Ministry of Health Care.
Article 12. Rights of trade unions
1. Trade unions shall protect their interests related to safety and health at work in compliance with the Republic of Lithuania Law on Trade Unions, the Law on Collective Agreements and Collective Labour Agreements, this law and other legal acts on safety and health at work.
2. On the initiative of trade unions and (or) employers, collective agreements may provide for additional and more favourable requirements for ensuring safety and health at work than the existing legal acts on safety and health at work. Implementation of these requirements shall be supervised by the employer and the trade union of the undertaking.
SECTION II
MAIN DUTY OF THE EMPLOYER. Safety and health services in undertakings. WORKERS’ PARTICIPATION IN THE IMPLEMENTATION OF MEASURES OF SAFETY AND HEALTH AT WORK
Article 13. Responsibility of the employer to ensure workers’ safety and health at work
The responsibility of the employer is to ensure safety and health of workers at work in all aspects related to work. In carrying out this responsibility, the employer shall take measures necessary to ensure safety and health at of workers at work. All measures of safety and health at work in undertakings shall be financed by the employer himself.
Article 14. Safety and health services in undertakings
1. In order to ensure safe and sound working conditions, the employer shall establish in his or her undertaking a safety and health service, consisting of one or more specialists in safety and health at work. If there are no specialists in safety and health at work in the undertaking, the employer shall enlist an external safety and health at work service or one or more competent persons (from outside the undertaking) to perform the said functions. In any case the number of designated or enlisted specialists must be sufficient, taking into account the size of the undertaking and occupational risk of workers, for organising preventive measure related to safety and health at work. The employer has the discretion to decide as to establishment of either a common safety and health service in the undertaking or a separate safety at work service and employment medical service.
2. The procedure for the establishment of safety and health services in undertakings, their functions, rights, duties, general qualification requirements for specialists of these services shall be established by the Regulations of the Safety and Health at Work Services in Undertakings, which are approved by the Ministry of Social Security and Labour and the Ministry of Health Care. These Regulations shall determine the fields of economic activities in the undertakings of which safety and health services have to be established taking into account occupational risks and/or the number of workers, and the fields of economic activities, in which such services may not be established and their functions shall be performed by the employer himself whose knowledge must be tested according to the procedure established by the Regulations of Instructing, Training, and Testing of Knowledge in Safety and Health at Work, which are approved by the Ministry of Social Security and Labour and the Ministry of Health Care.
3. In the institutions maintained from the state budget, safety and health at work services may not be established and their functions may be performed by the person designated by the head of the institution, whose knowledge in the area of safety and health at work must be tested in accordance with the procedure established by the Regulations of Instructing, Training, and Testing of Knowledge in Safety and Health at Work.
4. A worker or workers designated by the employer to work for the safety and health service, as well as members of external services and other persons (from outside the undertaking) enlisted by the employer to perform the functions of a safety and health service in the undertaking, must have received special training according to the programmes specified in Article 10 (1) and tested, and must have necessary skills for the performance of their duties. The duty of the appointed or enlisted specialists is to take care of the safety and health of workers. These persons shall be accountable for their work directly to the employer.
5. The workers appointed to work for the safety and health service shall be provided sufficient time for the performance of their functions. These workers in so far as they act in accordance with this law and other legal acts on safety and health at work shall not be subject to any financial disadvantage or administrative or other responsibility arising from their activities of organising and implementing preventative measures related to occupational risks and workers’ safety and health. Mutual obligations of enlisted external safety and health services or persons ( from outside the undertaking) shall be established by an agreement.
6. After the establishment of a safety and health service the employer shall inform the appointed or enlisted specialists about risk factors which have or are likely to have an influence on safety and health of the workers in the undertaking, as well as the preventative measures, organising of medical aid, fire-fighting and evacuation of workers.
7. The workers’ obligations in safety and health service or the duties of enlisted services or workers’ representatives in the field of safety and health at work shall not affect the principle of the employer’s responsibility, established in Article 13 hereof.
Article 15. Workers’ participation in implementing safety and health measures. Safety and Health Committees and workers’ representatives in undertakings
1. The employer shall provide conditions for workers and their representatives, specified in this Article to take part in discussions concerning safety and health and work matters.
2. Procedure for the establishment of safety and health committees in undertakings (hereinafter referred to as committees) and their functions:
1) the committee shall be established in those undertakings which employ more than 50 workers. The committee shall be formed on a bilateral principle, viz. from an equal number of members appointed by the employer and designated by the trade union of the undertaking, approved at the workers’ meeting (conference). If there is more than one trade union in the undertaking, the trade unions shall delegate their representatives to the committee or designate one trade union to delegate representatives to the committee. Such representatives shall be approved as members of the committee at the workers’ meeting (conference). Where not all workers of the undertaking are members of trade unions, the trade unions and workers on the committee shall be represented by trade unions’ and worker’s representatives the number of which shall be approved at the workers’ meeting (conference). If there is no trade union in an undertaking, the workers shall be represented on the committee by the workers’ representatives elected to the committee at the workers’ meeting (conference);
2) Safety and Health Committees in undertakings engaged in certain sectors of economic activities which are characterised by higher occupational risk may also be established even when the number of workers is less than 50. The list of such economic activities shall be approved together with the General Regulations of Safety and Health Committees in Undertakings;
3) If the undertaking employs less than 50 workers, the committee may be established on the initiative of the employer or the trade union, or upon the request of more than 50 per cent of workers;
4) The activities of the Committee shall be organised and it shall be chaired by the chairperson --the employer or by one of his representatives in the Committee. The chairman shall organise the work of the Committee. The Secretary of the Committee shall be elected from the trade union members. In the case of absence of the trade union in the undertaking, the Secretary of the Committee shall be elected from the workers’ representatives elected to the Committee;
5) when dismissing a member of the Committee who is a representative of workers and when the dismissal is disapproved by the majority of members of the Committee, including the majority of workers’ representatives, the employer must inform the State Labour Inspectorate about the reasons of the dismissal of such worker prior to the dismissal;
6) the employer shall provide members of the Committee with equipment necessary for carrying out their responsibilities and information, they shall be also trained in special training courses, seminars and other arrangements on safety and health at work. Issues related to the training of committee members shall be solved by the Committee;
7) for the time spent by a member of the Committee performing the tasks related to safety and health at work, which are given to him, he must be paid an average salary;
3. Workers’ representatives authorised to represent workers and take care of their safety and health at work shall be elected at the workers’ meeting (conference) of the undertaking in accordance with the procedure provided by paragraph 2 (1) hereof. The number of workers, represented by the workers’ representative and the term of validity of mandate of workers’ representatives shall be set at workers’ meeting (conference). If there are more than one workers’ representative in an undertaking, one of them shall be designated senior workers’ representative, who will co-ordinate the activities of all workers’ representatives. At state and municipal institutions workers’ representatives shall not be elected .
4. Workers’ representatives shall perform the following functions:
1) participate in all measures to improve safety and health at work in the undertaking or at workstations, carried out by the employer, including the measures implemented by the safety and health service in the undertaking, in planning and organising training of workers;
2) participate in the employer’s activities related to the establishment of the safety and health service in the undertaking, selection and appointment of workers responsible for first aid, organisation of rescue measures, evacuation in the event of accidents, natural disasters or fire (prior to the appointment of such workers, the employer shall consult the workers’ representatives, upon their appointment the employer shall communicate to workers’ representatives their workstations and responsibilities);
3) participate in providing the workers with necessary and appropriate personal protective equipment and controlling proper use thereof, represent workers in investigation of accidents at work, occupational diseases and incidents;
5. Workers’ representative shall have the right:
1) to propose and demand that head of the subdivision of an undertaking, the employer should take necessary steps to ensure safety and health of workers at work;
3) to approach the employer if head of the subdivision fails to take necessary steps to ensure safety and health of workers at work. If the employer fails to take measures to remove or mitigate risk factors, to inform the State Labour Inspectorate;
6. The employer shall create adequate environment for the workers’ representatives to exercise their functions, provide them with the necessary information.
7. In exercising their functions laid down in paragraph 4 hereof, workers’ representatives, in so far as they act in accordance with this law and other legal acts on safety and health at work, shall not be subject to any financial disadvantage or administrative or other responsibility arising from their activities of organising and implementing preventive measures related to occupational risk and safety and health of workers at work. They shall not experience hostility of the employer, head of the subdivision or the workers.
8. Workers’ representatives shall be trained within the undertaking, at relevant educational institutions or training seminars at the expense of the employer. During training they shall be entitled to receive average salary. Issues related to the training of workers’ representatives shall be solved in the undertaking - by considering issues related to training of workers’ representatives at the committee, at the general workers’ meeting (conference) and when drawing up collective understandings and collective agreements.
9. Workers’ representatives shall be obliged to keep any technological or commercial secrets which they may get to know when exercising their functions.
CHAPTER III
REQUIREMENTS FOR THE WORKING ENVIRONMENT, WORKSTATIONS, WORK ORGANISATION. EMPLOYER’S ACTIONS IN THE EVENT OF DANGER
Article 16. General requirements for the working environment and workstations
1. The working environment and workstations must satisfy the requirements of this law and other legal acts on safety and health at work
Article 17. Legal acts on safety and health at work regulating the design of workplaces and workstations
1. Requirements for the design and environment of workstations shall be established in legal acts on safety and health at work.
2. Exposure to various factors in the working environment as established in legal acts on safety and health at work must not exceed the levels which may cause health disorders or occupational diseases either during the work in an undertaking or after termination of work in an undertaking.
3. Workstations as well as ancillary premises specified in Article 26 (1), must meet minimum requirements for safety and health at work, established in General Regulations of the Design of Workplaces, which are subject to approval by the Ministry of Social Security and Labour, and other legal acts on safety and health at work.
Article 18. Safety and health requirements for work equipment and its use
1. It shall be permitted to use only the work equipment which is of an adequate technical condition and satisfies the requirements established in legal acts on safety and health at work.
2. The minimum safety and health requirements for work equipment shall be laid down in relevant legal acts on safety and health at work, which are subject to approval by the Ministry of Social Security and Labour and the Ministry of Health Care.
3. The procedure for setting the obligatory requirements for the manufacturing of certain work equipment or their groups as well as the procedure for conformity assessment shall be established by technical regulations or other legal acts on safety and health at work.
4. Requirements and instructions on the safe use of specific work equipment shall be provided by the producer in the documentation which must accompany work equipment.
5. The supervision of potentially dangerous equipment shall be provided for in the Republic of Lithuania Law on the Supervision of Potentially Dangerous Equipment. The list of such equipment which is subject to compulsory supervision by institutions authorised or accredited by the Government shall be approved by the Government.
6. The compulsory continuous supervision of potentially dangerous equipment shall be exercised by its owners. On the basis of bilateral contracts between the owner and a legal person, the compulsory continuous supervision of potentially dangerous equipment may be exercised by the legal person who has obtained a permission to perform such activities in accordance with the procedure set in relevant legal acts.
Article 19. Requirements for vehicle traffic in the area of an undertaking
1. Vehicle traffic in the area of an undertaking shall be organised according to traffic regulations applied to specific types of vehicles.
Article 20. Protection of workers from exposure to dangerous chemical substances
1. If chemical substances dangerous to people’s health are used in the technological process, are produced, transported, or stored in an undertaking, the employers shall provide for and implement measures for safeguarding the health of workers and ensuring the protection of the environment. In undertakings where dangerous chemical substances are used the employer shall :
1) undertake measures aiming at replacing dangerous chemical substances with not dangerous or less dangerous ones,
2) organise work in such a way that the number of workers exposed or likely to be exposed to dangerous chemical substances is kept as low as possible;
3) use such work equipment, work methods and production technologies which would ensure that the release of dangerous chemical substances into the working environment and the environment is avoided or is kept below the levels permitted by legal acts on safety and health at work and on environmental protection;
2. All workers must be informed about the effect on their health of specific dangerous chemical substances produced, used, transported or stored in the undertaking. The workers who participate in the production of dangerous substances, use them in technological processes, transport, and supervise their storage must be instructed and trained in their safe use and in addition, they must be well informed about the protection measures against exposure to such substances and the first aid.
3. The subdivisions of an undertaking and/or workstations in which dangerous substances are present, shall be supplied with collective protective equipment. The subdivisions of the undertaking and/or workstations in which especially dangerous inflammable, explosive or chemical substances which may cause fire are present must be equipped with special systems for monitoring the quantities of such dangerous chemical substances in the working environment as well as alarm systems must be installed warning the workers about danger to safety and health, and special means of the first medical aid in the event of acute health disorders caused by these substances. The list of such means shall be drawn up by the Ministry of Health Care.
4. The workers who work with dangerous chemical substances shall be provided with appropriate individual protective equipment, indicated in the safety data sheet of the dangerous substance.
5. Premises within workplaces where dangerous chemical substances are produced, used or stored, must be marked by special warning and/or mandatory signs.
6. Specific safety and health requirements for the production, use, transportation and storage of dangerous chemical substances in workplaces shall be established in respective legal acts on safety and health at work. When dangerous chemical substance is used, safety and health requirements must be met, which are indicated in the safety data sheet of the dangerous substance provided by the producer alongside with the substance placed on the market.
7. The limit levels of dangerous chemical substances in the working environment, the list of dangerous substances, the limit values of which in the working environment may be exceeded no more than 15 minutes within a work day, as well as the list of especially dangerous chemical substances the limit values of which in the working environment may not be exceeded, shall be approved by the Ministry of Health Care and the Ministry of Social Security and Labour.
Article 21. Safety and health requirements for products
1. Products, including work equipment, shall satisfy the safety and health requirements laid down in legal acts on safety and health at work. Conformity certificates of work equipment or, in case conformity certification is not mandatory, the manufacturers documentation accompanying the equipment, shall indicate the compliance of work equipment with the relevant safety and health requirements.
2. If conformity evaluation bodies determine that a product, including work equipment and personal protective equipment specified in Articles 18 and 31 of this law which may be used as work equipment in undertakings, does not satisfy safety and health requirements, the employer shall be obliged to discontinue the production and placement on the market of the said product.
Article 22. General principles of the implementation of safety and health at work measures
1. The employer shall organise work in the undertaking, including working time and rest periods, payment for work, in such a way which would motivate the workers to obey safety and health requirements.
2. The employer shall take measures to ensure workers’ safety and health at work and shall independently organise internal control of safety and health status in the undertaking. For this purpose he shall:
1) assess the safety and health status in accordance with Articles 66 and 68 and other legal acts on safety and health at work.
2) fill the safety and health at work card by indicating the compliance of workstations, work equipment, working time and rest periods with the requirements of safety and health at work, the improvement measures for safety and health when its level does not satisfy the requirements;
3) establish, pursuant the Regulations of the Safety and Health Services in Undertakings, referred to in Article 14 (2), the procedure for the control of the compliance of safety and health in the undertaking by approving the Regulations of the Safety and Health at Work Service in the Undertaking or job instructions of safety and health at work specialists, by giving instructions to the heads of subdivisions with regard to the control of compliance with the safety and health at work requirements and implementation of measures.
3. The employer, when establishing the internal control of safety and health level and planning the measures for improvements in safety and health situation shall be guided by the following general principles of risk assessment and guarantee of safety and health at work:
4) evaluating the worker’s capacities to perform the assigned work by adapting the work process to the capacities of the worker, by fitting out of workstations, choosing work equipment, work methods, and setting optimal work or production rate;
5) adapting to technical progress in designing workstations, creating safe and healthy working environment and selecting work equipment,
7) giving priority to collective measures of safety and health at work over individual protective measures and resorting to individual protective equipment only when collective protective measures are not sufficient to ensure safety and health at work or they may not be used due to circumstances beyond the employer’s control;
8) training and instructing of workers and giving them mandatory instructions in order to satisfy requirements on safety and health at work.
4. When establishing internal control system of safety and health at work, the employer shall discuss it with the workers, workers’ representatives and the safety and health committee and shall inform them about the assignments given to the heads of the subdivisions as to internal control and the implementation of measures in the undertaking, subdivisions, and workstations.
Article 23. Legal acts regulating the safe organisation and performance of work in undertakings
1. The works in the undertaking shall be organised in compliance with this law and other legal acts on safety and health at work.
2. On the basis of the principles of safety and health at work specified in Article 22 (2), legal acts on safety and health at work, technical documentation of work equipment and descriptions of technologies, the employer shall prepare regulatory safety and health acts (safety and health instructions for the workers, rules for safe performance of works and other necessary regulatory acts).
Article 24. Compulsory health surveillance
1. Persons who may be exposed to occupational risks must receive health surveillance upon their recruitment and periodically in the course of employment – according to the health surveillance schedule for workers of an undertaking whose health surveillance is obligatory. Workers who are exposed to occupational hazards at their workstations, who use dangerous cancerogenic substances in the course of their work, shall receive health surveillance upon their recruitment, periodically in the course of employment and even after they change work or job.
2. Young workers must receive health surveillance upon recruitment and annually thereafter until they become 18 years of age.
3. Night and shift workers must receive health surveillance before their recruitment and periodically in the course of employment –according to the health surveillance schedule of workers.
4. The employer shall approve the list of workers who must undergo health surveillance and the health surveillance schedule agreed with the territorial public health centre and the receipt of which the workers shall confirm by signing it.
5. Compulsory health surveillance shall take place during working hours. For compulsory health surveillance upon recruitment health care establishments shall be paid in accordance with the procedure established by the Ministry of Health Care. The employer shall pay the workers undergoing health surveillance their average pay for the working time spent receiving health surveillance.
6. Should the worker refuse to undergo health surveillance in due time, he may be suspended from work without pay until he undergoes health surveillance. The conclusions of health surveillance shall be equally binding both on the employer and the worker.
7. The list of occupations and activities where the workers must receive health surveillance upon recruitment and periodically in the course of employment, and the procedure of health surveillance shall be established by the Ministry of Health Care and the Ministry of Social Security and Labour.
8. Workers referred to in paragraphs 1, 2 and 3 hereof shall have the right to receive health surveillance at the times differing from those established in the health surveillance schedule if the worker suspects a negative effect of his work or working environment on his health. Other workers of an undertaking not covered by paragraphs 1, 2 and 3 may also exercise the said right. In all cases, the employer must give the worker sufficient time off work to receive health surveillance. If the conclusion of the health care institution which performed health surveillance of a worker indicates that work and / or working environment has affected the worker’s health, the employer shall pay the worker the average pay for the time spent receiving voluntary health surveillance.
Article 25. Evacuation, accident prevention and containment plans. Actions of the employer and workers in the event of danger
2. The employers must prepare evacuation plans of workers of the undertaking and its subdivisions in the event of danger, about which workers shall be informed upon recruitment. Evacuation plans shall be placed on information boards in clearly visible places in the undertaking (subdivisions). Evacuation plans, accident prevention and accident containment plans must be well known to the members of safety and health committee and workers’ representatives.
3. The employer shall designate a number of workers (upon their consent) and train them on a regular basis within the undertaking in protecting safety and health of workers in the event of danger, supply them with first aid and other necessary facilities taking into account the specific character of work and the number of workers.
4. In the event of danger in the undertaking or its subdivision, the employer shall:
1) immediately inform the workers who may be exposed to danger and inform other workers in the undertaking about the danger and instruct them on the measures which will be taken to protect life and health of the workers and on actions to be taken by the workers themselves;
2) take all necessary measures to suspend work, issue orders for the workers to suspend work if the workers are trained in doing so; issue orders for the workers to leave working premises and move to a safe location;
3) immediately inform relevant internal and external emergency services (civil safety, fire-fighting, ambulance, police) about the danger, workers injured;
5. If after the accident has been contained, the fire extinguished etc., the danger to safety and health of workers persists, the employer or the head of a subdivision may not order to resume or commence work.
6. In the event of danger the workers shall have the right to terminate work and leave w1orking premises and workstations. The actions of workers in the event of danger may not have adverse effects on the workers. The actions of workers in the event of danger aimed at protecting themselves and other workers from the danger may not incur disciplinary or administrative penalties or material or other liability.
7. The head of a separate structural subdivision which is established in a different geographical location than the undertaking and who must pass the qualification test on safety and health at work under the procedure established in Article 29 shall independently implement measures referred to in paragraphs 3, 4 and 5 hereof.
8. Undertakings which produce, use, store or transport dangerous substances referred to in Article 20 (3) in quantities exceeding the established limit levels, must implement special safety and health at work measures in compliance with the Industrial Accident Prevention, Containment and Investigation Regulations, subject to the approval by the Government of the Republic of Lithuania, must use special working environment control systems or equipment, as well as must draw up accident prevention and accident containment plans. The list of such undertakings as well as the implementation of measures provided for in accident prevention and accident containment plans shall be supervised by the Civil Safety Department under the Ministry of National Defence and State Labour Inspectorate.
9. A worker(s) shall have the right to refuse to work, works must be suspended if the employer and/or head of the subdivision fails to take appropriate measures to remove the violations of requirements for safety and health at work and to protect the worker or workers from possible danger and if the worker (workers) in the following events: the worker (workers) has not been trained in safe work; if work is continued in the event of a breakdown of working equipment or imminent accident; if work is continued upon violations of technical regulations; if workers are not provided with appropriate collective or personal protective equipment; in other cases when the working environment is hazardous and/or dangerous to health or life. The procedure for suspending works shall be as follows:
1) the right to request the suspension of work shall lie with the safety and health committee of an undertaking. If there is no safety and health committee in an undertaking, workers’ representative shall have the right to request to suspend works;
2) if the employer or head of the subdivision refuses to act on the request of a workers’ representative or safety and health committee of an undertaking, the committee or a workers’ representative shall inform about it the State Labour Inspectorate;
3) a state labour inspector (hereinafter referred to as a labour inspector) having evaluated the safety and health situation in the undertaking, may adopt the decision to instruct the employer or, in the case of absence of the employer, the head of the subdivision to suspend works;
4) should the employer or head of the subdivision refuse to comply with the labour inspector’s request, the said inspector shall exercise all his rights under the Law on State Labour Inspectorate in order to enforce the request to suspend work;
5) before the request of the safety and health committee of the undertaking or a labour inspector to suspend work is executed, workers who are exposed to danger shall have the right to terminate work, leave the workplace or premises. In such case the employer may not administer punishments or incur upon them other liability;
6) employees of a state or municipal institutions and establishments in which there are no safety and health committees, workers’ representatives are not being designated, shall inform the head of a subdivision and in his absence – the employer about their refusal to work when safety and health are not guaranteed. If the head of a subdivision or the employer refuse to suspend works, the worker may appeal to the State Labour Inspectorate or court.
10. If labour inspectors during inspection visits establish the existence of danger to safety and health of workers, they shall have the right to demand that the employer or the head of a subdivision suspend work in the cases specified in paragraph 9 hereof.
11. Works must also be suspended when natural environmental conditions do not permit to work in safety. In the event of danger, in order to prevent accidents at work the employer shall have the right, in accordance with law, to transfer workers to other workplaces to perform assignments not agreed upon in their employment contracts in the same undertaking or in another undertaking but in the same geographical location. It shall be prohibited to transfer a worker to such job which is not permissible due to his health status. If safe work in other workplaces is unavailable where workers could work in safety, work detention shall be announced in the manner established by law. Workers shall be paid in accordance with the procedure established by law for the periods of work of other assignments not agreed upon in the employment contract, for periods of detention of work, when work is suspended in the event of danger due to natural conditions .
Article 26. Ancillary facilities in undertakings
1. In accordance with the provisions of legal acts on safety and health at work, appropriate rest areas, changing rooms, locker rooms for clothes, footwear, and personal protective equipment, sanitary and personal hygiene premises in which washbasins, showers, lavatories and personal hygiene premises for women shall be installed in undertakings.
2. In undertakings where dangerous substances are used, sanitary installations and personal hygiene premises shall be designed in accordance with specific requirements for the design of such premises. The requirements for the design of such sanitary installations and personal hygiene premises shall be established in legal acts on safety and health at work taking into account the nature of activities, materials used, and the number of workers.
3. Medical services (first aid rooms), nourishment facilities in an undertaking shall be designed in accordance with the requirements for such facilities and taking account of the number of workers.
Article 27. Requirements for residential premises
1. Premises offered by the employer to the worker for temporary residence due to mobile type of workplaces must satisfy the minimum household and hygiene requirements applicable for such premises.
2. Minimum safety and health requirements for premises intended for temporary residence of workers due to mobile workplaces shall be established in the Regulations of the Design of Workplaces in Construction Sites, which are subject to approval by the Ministry of Social Security and Labour and by other legal acts establishing health requirements for residential premises.
Article 28. Duties of the employer in ensuring safety and health of workers at work:
1. When implementing his duties the employer shall :
1) ensure the conformity of the facilities of the undertakings housing workplaces, workstations, work equipment, and the working environment with the requirements established in legal acts on safety and health at work;
2) organise the evaluation of the safety and health at work situation and preparation and implementation of measures to improve it, the filling of the Safety and Health at Work Status Card in the Undertaking and as necessary, annual updating of this card;
3) having evaluated the safety and health at work situation in the undertaking, decide on the choice of collective and / or personal protective equipment, provide with them the undertaking, workstations and workers, organise verification of such equipment, provide workers with safe work equipment, introduce safe work and technology processes, fit out ancillary facilities in conformity with the requirements of legal acts on safety and health at work;
4) ensure that the workers receive comprehensive information concerning the organisation of safety and health at work in the undertaking, the existing or possible occupational hazards, the existing measures for elimination or prevention of hazards, as well as information on the findings of the inspections of the undertaking by the State Labour Inspectorate;
5) approve safety and health at work instructions and job instructions of workers or job descriptions of civil servants, fulfil obligations undertaken under collective agreements concerning improvements in safety and health at work;
6) organise training, instruction and qualification testing of workers in safe work by instructing workers on safety and health at work requirements and legal acts on safety and health at work binding on them and regulatory acts on safety and health at work in the undertaking- on recruitment, transfer to another job, change in the organisation of work, introduction of new or modernised work equipment and technologies, amendment or adoption of new legal acts on safety and health at work, and in other cases established in legal acts on safety and health at work;
7) provide conditions for proper functioning of safety and health service, safety and health committee in the undertaking referred to in Articles 14 and 15 of this law;
8) ensure the compliance of the organisation of working time and rest periods with the requirements of this law and other legal acts on safety and health at work, organise work on physiologically justified schedule of working time and rest periods, organise filling of records on actually worked time;
9) provide conditions for workers’ compulsory health surveillance, organise first aid and medical services as referred to in Articles 24 and 32 of this law;
10) transfer workers (with their consent) to another job upon the conclusions of a medical-social expert commission or health care institution which has examined the worker’s health ;
11) inform the State Labour Inspectorate about the commencement of operations of an undertaking or its subdivisions;
12) insure the workers against accidents at work and occupational diseases in compliance with established procedures;
13) in accordance with the procedure set in the Regulations on the Investigation and Registration of Accidents at Work and the Regulations on the Investigation and Registration of Occupational Diseases approved by the Government of the Republic of Lithuania, report accidents at work and occupational diseases to relevant government bodies, provide conditions for the investigation of accidents at work and occupational diseases;
2. The employer shall also be obliged to:
1) in accordance with the procedure set in the Regulations on the Investigation and Registration of Accidents at Work and the Regulations on the Investigation and Registration of Occupational Diseases, organise the registration of accidents at work and occupational diseases by compiling lists of workers who, due to accidents at work or contracted occupational disease, lost their functional capacity for not less than three days and lists of workers who, due accidents at work and contracted occupational disease, were not capable to work for less than three days, and ensure the registration of incidents where no workers were injured;
Article 29. Qualification testing of employers and heads of subdivisions
1. The employer’s knowledge in safety and health at work shall be tested in accordance with the procedure established by the Regulations of the Instructing, Training, Testing of Knowledge in Safety and Health at Work on the commencement of operations of the undertaking or provision of services and at least every five years thereafter.
2. Employers (heads of subdivisions) in certain sectors of economic activities may be exempt from testing their knowledge in safety and health at work. The list of such sectors or economic activities shall be drawn up and the procedure for the exemption of employers from the testing shall be established in accordance with the procedure laid down in the Regulations of the Instructing, Training, Testing of Knowledge in Safety and Health at Work. Exemption of an employer from testing shall not exempt him from his responsibility for safety and health of workers in his undertaking.
3. Head of a subdivision shall be subject to qualification testing in safety and health at work in accordance with the same procedure as the employer, if he heads the subdivision of the undertaking established in a different territory or different geographical location than the undertaking and, on the instruction and under the supervision of the employer, organises the implementation of requirements and measures of safety and health at work in the subdivision of such undertaking.
4. If, in the event of a serious or fatal accident at work or an occupational disease, the investigation reveals that the employer or the head of a subdivision referred to in paragraph 3 hereof has not sufficient knowledge in the requirements of safety and health at work or that the employer was aware of violations of safety and health requirements but failed to take the necessary measures to correct the violations, the Chief State Labour Inspector may request that the employer or head of the subdivision should re-take the test on safety and health at work.
Article 30. Training and instruction of workers
1. The employer may not demand that a worker should begin work in the undertaking if the worker has not been trained and/or instructed to work in safety.
2. The employer must instruct the workers in safety and health at work as provided for in Article 28 (1) (6).
3. The employers shall ensure that the worker sent to work in the undertaking from any other undertaking should not commence work until he is informed on the existing and potential risk factors and instructed and trained in safe work at a specific workstation, despite the fact that he has been instructed and trained in safe work in accordance with the established procedure in the undertaking where he has his permanent job.
4. Only the workers who have specific knowledge and have passed relevant qualification tests in accordance with the procedure laid down in the Regulations of the Instructing, Training, Testing of Knowledge in Safety and Health at Work may be permitted to perform operation and constant mandatory maintenance of potentially dangerous equipment.
5. The procedure for training, instruction and qualification testing of workers who perform dangerous works included in the list of dangerous activities approved by the Government of the Republic of Lithuania, with the exception of workers who operate potentially dangerous equipment, shall be established in the undertaking by the employer.
Article 31. Providing the workers with safety and health equipment at work
1. Invoking the legal acts on safety and health at work and having assessed safety and health situation in the undertaking, the employer shall install collective protective equipment and provide the workers with personal protective equipment free of charge.
2. The installation of safety and health equipment in workstations and/or working premises shall be provided for when designing work or technological processes, taking into account the substances and work equipment to be used in the course of the work or technological processes and potential risk factors.
3. When collective protective measures are not sufficient to protect the workers against risk factors, the workers must be provided with personal protective equipment. Personal protective equipment shall be adapted to work and comfortable to use, and should not pose any additional risks to the safety of workers. Standards regarding the design, production and conformity assessment of personal protective equipment shall be established by relevant regulations, standards, norms, and other legal acts on safety and health at work.
4. The employer shall organise the storage, drying, washing, cleaning, repair and inspection of individual protective equipment as described in the producer’s documentation provided by the producer alongside the personal protective equipment.
5. If works are associated with soiling, the workers shall be provided with personal hygiene supplies (soap, towels, etc.) free of charge.
6. When designing work or technological processes, provision must be made for the supply of neutralisers taking into account the characteristics of chemical substances or preparations to be used in the course of production. Upon the introduction of new chemical substances or preparations in the undertaking, the employer, in accordance with the producer’s information on these chemical substances or preparations, must supply the workers with adequate personal protective equipment and neutralisers.
Article 32. Organisation of medical services
1. In the event of accidents at work or outbreak of acute diseases the employer must ensure that first aid is administered to workers and, if necessary, an ambulance is called.
2. The employer or head of the subdivision shall organise the transportation of workers who fall ill at the workstation or are injured to a health care establishment when their condition does not require to call an ambulance.
Article 33. The obligation of the employer to transfer the worker due to his health status
1. The worker, who according to the conclusions of the social and medical examination commission or health care establishment may not perform agreed work (take position) due to his health status, as it poses danger to his health or if his work may be dangerous to others, must be transferred, with his consent, to another job which suits his health and if possible qualifications.
2. If the worker does no agree to be transferred to the proposed job or there is no job in the undertaking to which he could be transferred, the employer shall dismiss the worker in accordance with the procedure established by law, with the exception of the case specified in paragraph 3 hereof.
3. If the worker’s health has deteriorated due to his work at the undertaking (he can no longer perform the former work because of injury, occupational disease or other harm to health) and if there is no possibility to transfer him to another job which suits his health and if possible qualifications, as there is no work at the undertaking which the worker could perform according to his health status, he shall be paid a sickness allowance in the amount established by law until the conclusions of the state social and medical expert examination commission concerning his functional capacity to work are received. If the worker is recognised disabled, he shall be compensated for damage caused to his health in accordance with a law. If the worker refuses to be transferred to another job adequate with regard to his health, physical capabilities and qualifications, he may be dismissed in accordance with the procedure established by law.
Article 34. Duties of two or more employers in organising work in the same undertaking or workplaces
Two or more employers who carry out their activities in the same undertaking, subdivision, or workplace must organise the work in such a way that safety and health at work is ensured for all workers despite the fact which employer is the party to the employment contract concluded with the worker (workers). In order to protect workers from accidents at work and occupational diseases, the employers shall co-ordinate their actions and inform each other and the workers about occupational risks.
Article 35. Employers’ rights
In order to ensure safety and health of workers at work, the employers have the right:
1) to issue orders and ordinances concerning safety and health at work in the undertaking and require that the workers should take care of their own safety and health and of the safety and health of other workers, that they should comply with the regulatory acts on safety and health at work the implementation of which was included in the training and/or instruction, and comply with work and technological processes regulations, the work and rest periods established by this law and other legal acts on safety and health at work;
2) to impose disciplinary, official punishments on workers who have violated the requirements of legal acts on safety and health at work and to require that they pay the damages incurred by the undertaking in the result of the violation;
3) not to allow the worker to work the day (shift) when he is in a state of intoxication caused by alcohol, narcotic drugs or toxic substances;
4) to dismiss a worker in accordance with the procedure established by the Law on Employment Contract, who violates the requirements established in legal acts on safety and health at work which were included in the training and/or instruction and who, on at least one occasion during the last 12 months, has been subject to disciplinary punishments for the said violations;
5) in accordance with the procedure established by law, to require that other undertakings (employers) should pay damages incurred because the acquired work equipment, design of workstations, work equipment do not meet the requirements of legal acts on safety and health at work;
6) to receive information on safety and health at work from state safety and health at work institutions;
8) to propose to set more stringent safety and health at work requirements in his or her undertaking than the ones established in legal acts on safety and health at work. More stringent safety and health at work requirements in the undertaking shall be laid down in collective understandings or collective agreements;
Article 36. Entrustment of the workers with the implementation of safety and health measures
The employer may entrust the competent workers in the undertaking, members of safety and health service or to head(s) of the subdivision with the implementation of safety and health measures. The entrustment with the implementation of safety and health measures must be included in the employment contract or job instructions.
Article 37. Workers’ obligations
1. It shall be the responsibility of each worker to comply with the requirements for safety and health at work and take care of his own safety and health and of that of other workers in accordance with his knowledge and the instructions given by his employer. To this end workers must:
1) use work equipment in accordance with safety requirements laid down in the technical documentation and in the instructions on safety and health at work;
3) refrain from disconnecting, changing or removing arbitrarily safety equipment fitted in work equipment and in other devices, in the buildings and territory of the undertaking, to make correct use of the said equipment and inform the employer and / or head of the subdivision and a workers’ representative about any failures of the said equipment;
4) immediately inform the employer, head of the subdivision, workers’ representative, safety and health service and safety and health committee of any work situation in workstations, working premises or working areas which they have considerable grounds to consider likely to pose danger to the safety and health at work, and to inform the employer or head of the subdivision about any violations of safety and health at work which he may not or must not eliminate himself;
5) co-operate with the workers’ representatives, members of safety and health services in the undertaking, the head of the subdivision in implementing the safety and health at work requirements and carrying out the measures;
6) within their possibilities and competence, take measures to remove risks which may cause traumas, acute poisoning or accidents and immediately inform the head of the subdivision and the employer thereof;
7) inform head of the subdivision and the employer about the traumas and other health disorders related to work;
Article 38. Workers’ Rights
Workers shall have the right:
1) to demand that the employer should ensure safety and health at work, install collective protective equipment, supply with personal protective equipment;
2) to receive information from the head of the subdivision, the employer about hazardous and /or dangerous factors in the working environment;
3) to have access to the conclusions of the initial and periodical health surveillance and being not satisfied with the surveillance results, to repeat health surveillance;
4) to negotiate, directly or via a workers’ representative, with the employer regarding the improvements of safety and health at work;
5) to refuse to work in the event of danger to safety and health at work as referred to in Article 25 (6) and (9);
6) to require, in accordance with the procedure established by law, to be compensated for the damage to health caused by unsafe working conditions;
Article 39. The Procedure for the settlement of a worker’s refusal to work in the case of failure to ensure safety and health
1. In the cases of danger to safety and health at work, referred to in Article 25 (9), the worker shall have the right to stop work and immediately inform the employer in writing about the grounds of his refusal to work.
2. When the employer disagrees with the worker’s motives concerning the failure to ensure safety and health at work, disputes related to a worker’s refusal to work shall be settled in accordance with the procedure established by laws.
Article 40. Duration of work
1. Standard duration of work (hereinafter - working time) in undertakings, shift workers included, may not exceed 40 hours per week (7-day period). Average duration of the working time , including overtime, shall not exceed 48 hours per 7 days.
2. The duration of the working day or shift (hereinafter - working day), including a break to rest and to eat, shall be set taking account of the number of working days per a seven-day week.
3. In cases referred to in Articles 44 and 48 (3), the duration of the working day, including breaks to rest and to eat , shall not exceed 12 hours a day (24-hour period).
4. By way of exception, the duration of the working day of specific categories of workers (of health care, social welfare, child care institutions, specialised energy and communications services and specialised accident containment services, etc.) as well as of watchmen in premises may be longer than established in paragraph 3 hereof. In this case the average duration of the working time may not exceed 48 hours per seven-day period , and the rest period between working days may not be shorter than 24 hours. The list of jobs where this organisation of working time and rest periods is applied shall be approved by the Government.
Article 41. Shorter working time
1. Shorter working time shall be applied to:
1) adolescents - no more than 8 hours a day and no more than 40 hours a week for work performed under a combined work/training scheme ;
2) children -2 hours on a school day and 12 hours a week for work performed in term-time outside the hours fixed for school attendance or 7 hours a day and 35 hours a week for work performed at least a week when school is not operating (these limits may be raised to 8 hours a day and 40 hours a week in the case of children who have reached the age of 15);
3) workers who work in the working environment where the concentrations of hazardous factors exceed the acceptable limits set in legal acts on safety and health at work and it is technically or otherwise impossible to reduce these concentrations in the working environment to acceptable levels not hazardous to health working time shall be set taking into account the working environment. The criteria and procedure of establishing the duration of shorter working time shall be approved by the Ministry of Health Care and Ministry of Social Security and Labour;
2. The maximum working time for young people specified in subparagraphs 1 and 2 of paragraph 1 of this Article working under a combined work-training scheme shall comprise the time spent for in-plant work experience and time of training at school.
Article 42. The number of working days per week, determination of the beginning and end of work and rest periods
1. The number of working days per week, the beginning and the end of the working day , of the break to rest and to eat, additional and special breaks during the working time shall be determined in the work schedules of the undertaking. Such work schedules shall be approved in accordance with the procedure established in the collective agreement. If the collective agreement is not concluded in the undertaking, the work schedule shall be approved by the employer. If work is organised in shits, an even change of shifts must be ensured. The procedure for organising work and rest pattern in the undertaking shall be laid down in the safety and health status card specified in Article 22 (paragraph 2, subparagraph 2) of this Law.
3. In undertakings where, due to the character of production or other reasons, it is impossible to have a five-day working week, the working week shall consist of six working days and one day off.
4. In the case of a six-day working week, the working day may not be longer than 7 hours when standard working time is 40 hours per week.
5. Work schedules shall be made public by putting them up on information boards in undertakings and subdivisions at least two weeks before the date of their coming into force.
6. Where more than 50 workers are employed in the undertaking, the employer shall notify the city’s or district’s local government institution of changes in the work schedules of the undertaking at least two weeks in advance.
7. The working time and overtime spent by workers at work shall be registered in the registers the form of which shall be established by the Department of Statistics at the Government of the Republic of Lithuania and by the State Labour Inspectorate.
8. The beginning and end of working time at state and municipal institutions shall be established by the Government or an institution authorised by the Government without prejudice to the provisions on average maximum working time including overtime established in Article 40 (1), on the duration of daily rest periods (Article 53 (2)) and weekly rest periods (Article 54 (1)).
Article 43. Prohibition of work on holidays, duration of the working time on the eve of holidays and days off
2. On holidays it is permitted to carry out only such work which due to technical reasons or technological process may not be stopped. The list of jobs where work is permitted on holidays shall be approved by the Ministry of Social Security and Labour.
3. On the eve of holidays the working day of workers who work five or six days a week, except the workers referred to in Article 41 of this Law, shall be shortened by one hour. Depending on the work schedules, undertakings referred to in Articles 55 and 56 of this Law may be exempt from the said requirement on the eve of holidays.
Article 44. Summary recording of working time
1. In continuously working undertakings, also in individual workshops and sections, in jobs where the working day is organised in sessions and in some cases where, due to technological processes, technical and other reasons it is impossible to observe the duration of the working day or working week set for a specific category of workers or jobs, summary recording of the working time may be introduced. In the case of summary recording of the working time, it must be guaranteed that the average maximum working time in a week period during the 4-month period of summary recording of the working time should not exceed 48 hours a week and 12 hours a working day. If the average maximum duration of work period per week exceeds that established in Article 40 (1) of this Law, a worker shall afforded a rest period as established in paragraph 3 hereof.
2. In the case of summary recording of the working time, continuous duration of daily and weekly rest periods established in this Law must be ensured.
3. Upon the introduction of summary recording of the working time, the average maximum period of work per week, as established in Article 40 (1) of this Law, is exceeded for workers, the workers in question must within 4 weeks be afforded a rest period as much as the average maximum work period per week has been exceeded within 4 successive weeks.
4. The jobs, the work conditions in the presence of which summary recording of the working time may be introduced, the procedure of the introduction of summary recording of the working time in undertakings shall be established by the Ministry of Social Security and Labour. .
Article 45. Work at night
1. Work is considered to be night work if it is performed during the period from 10 p.m. until 6 a.m. The duration of the working time of night workers shall not exceed 8 hours a day.
2. Shorter working time at night may be provided for in collective agreements, collective understandings or, in their absence, in employment contracts and in the case provided for in Article 41 (1)(3) .
3. Working at night shall be prohibited for young persons, pregnant women and persons who are not allowed to work at night according to the conclusions of medical social examination commission or medical institution.
4. Appointment to work at night without the worker’s consent shall be prohibited for the following categories of workers:
1) women who have recently given birth, breast-feeding women, also persons who are raising a child or children under 3 years of age;
5. Night workers shall receive free health surveillance in accordance with the procedure laid down in Article 24 (3) also on their request (if they have complaints related to night work). If it is established that work at night has harmed the worker’s health, on the basis of the medical conclusion the employer must transfer the worker to do day work only .
Article 46. Part-time work
1. Upon the agreement between the worker and the employer, shorter working day or week may be provided for the worker.
2. The employer must provide for shorter working day or week work schedule on the request of a pregnant or breast-feeding woman or a woman who has recently given birth, a woman raising her child (children) under 14 years of age or a child with limited functional capacity under 16 years of age, a father raising his child (children) under 14 years of age or a child with limited functional capacity under 16 years of age, also a foster parent raising a child (children) of the above mentioned age, a person with limited functional capacity, a person nursing a sick member of his or her family who has submitted to his or her employer a medical conclusion stating the necessity to work part-time and the period during which part-time work should be permitted for the worker.
3. The procedure for the application of part-time work to persons referred to in paragraph 2 hereof and other workers shall be established by the Government of the Republic of Lithuania.
4. Workers who work part time shall receive payment in proportion to the time of work or by result. Part-time work shall not limit the workers’ rights with respect to the duration of annual leave, calculation of the length of service in the undertaking and application of other guarantees provided for under labour laws.
Article 47. Duty at the Undertaking or at Home
1. In extraordinary cases, when it is necessary to ensure proper operation of the undertaking or completion of urgent work, the employer may assign a worker to be on duty at the undertaking or at home after the working day, also to be on duty at the undertaking on rest days or on holidays established by the Law on Holidays not more often than once a month or, with the consent of the worker, not more often than once a week.
2. The duration of being on duty at the undertaking or at home (after the working day) , including the duration of the working day, may not exceed 8 hours. The duration of being on duty at the undertaking or at home on days off or on holidays established by the Law on Holidays shall not exceed 8 hours a day. The duration of being on duty at the undertaking shall be counted as working time, and the duration of being on duty at home shall be counted as at least a half of working time in the undertaking.
3. If the time of being on duty at the undertaking or at home exceeds the standard duration of the working time established in Article 40 (1), within a calendar month after having been on duty the worker shall be given time off equal in duration to the time of being on duty at the undertaking or the time of being on duty (at home) counted as working time. Upon the worker’s request, the said time (in excess of the standard duration of the working time) may be added to his or her annual leave or paid for as if it were overtime work or work on days off or holidays in accordance with the procedures set by law.
4. Pregnant women, breast-feeding women or women who have recently given birth, persons with limited functional capacity or young persons may not be appointed to be on duty at the undertaking or at home. Single parents raising his/her child under 14 years of age and persons taking care of a person with limited functional capacity may be appointed to be on duty at the undertaking or at home only upon their consent.
Article 48. Overtime work
1. Work shall be considered overtime if it is performed during the time exceeding the standard duration of the working time of 40 hours established in Article 40 (1) of this Law.
2. Work performed by workers specified in Article 40 (4) as well as jobs in respect of which summary recording of working time is applied shall not be considered overtime work. Work performed during the time exceeding the standard duration of the working time established in Article 40 (1) by political (personal) confidence civil servants, farmers’ family members shall not be classified as overtime work either.
3. The employer shall have the right to organise for the workers, except the workers referred to in Articles 45 (3), overtime work on workdays, days off or holidays :
1) if the work to be performed is necessary for national defence or for preventing accidents or dangers;
2) if the work to be performed is necessary for the public (containment of accident or fire, etc. );
3) if it is necessary to finish the work which could not have been finished during the working time because of an unforeseen or accidental obstacle and if an interruption of work may result in deterioration of production materials or breakdown of work equipment;
4) if the work to be performed is related to repair of work equipment indispensable for the work of the majority of the workers ;
5) if the work is performed in the place of another shift worker who has failed to arrive at the workstation (in this case the employer must ensure that the worker who is working the second consecutive shift is replaced by another worker not later than in the middle of the working day);
4. In cases not covered by paragraph 3 hereof the employer may organise overtime work for a worker on working days in accordance with the procedure established in collective agreements upon written consent of the worker or, in the absence of the collective agreement in the undertaking - upon receiving the worker’s consent.
5. If hazardous factors in the environment exceed permitted limits, overtime work shall be prohibited except in the case referred to in paragraph 3 point 5 (when the work is performed in the place of another shift worker who has failed to arrive at the workstation); the duration of overtime work under the above conditions must not exceed 2 hours.
Article 49. Limitation of overtime work
1. The duration of overtime work of a worker may not exceed 4 hours during two consecutive days and 120 hours per year. The employer must calculate the duration of overtime work performed by the worker and record it in time logs.
Article 50. Rest Periods
1. In order to restore the functional capacity and health of workers, the following categories of rest periods shall be provided for:
Article 51. Break to rest and to eat
1. Provision shall be made for a half-an-hour to two-hour break for the workers to rest and to eat. During this break the workers shall be entitled to leave their workstations and to dispose of the free time as they consider fit. The break to rest and to eat shall start no later than four hours from the beginning of work. Such break shall not be counted as the working time.
2. If technological processes or other conditions of work do not permit leaving workstations in order to have a break, provision shall be made for the workers to eat during work. The list of such jobs and the procedure and place of eating shall be established in the safety and health status card of the undertaking or in the collective agreement.
3. The beginning, end and duration of breaks to rest and to eat and the procedure of giving such breaks on the eve of days of or holidays established by the Law on Holidays shall be laid down in collective agreements and collective understandings or, in absence of such, in employment contracts or in the safety and health status card of the undertaking.
Article 52. Additional and special breaks
1. Taking account of the working conditions, workers shall be entitled to additional breaks to rest in the course of the working day.
2. Workers who work outside or in unheated premises (when ambient temperature is below minus 10 degrees Celsius) and in other cases provided for in legal acts on safety and health at work must be given special breaks.
3. Additional and special breaks shall be counted as working time and may not be shorter than 10 minutes. The number and duration of breaks and location of rest areas shall be established, taking account of the specific conditions of work, in collective agreements or, in the absence of such agreements, in the safety and health status card of the undertaking.
4. Breaks to rest and special breaks in the course of the working day, taking account of the conditions of work, shall be regulated by the General Regulations of Organisation of Rest Periods approved by the Ministry of Social Security and Labour. Collective agreements and collective understandings may provide for breaks supplementary to the additional and special breaks provided for in legal acts on safety and health at work.
Article 53. Daily rest
2. The daily rest period of a worker may not be shorter than 11 consecutive hours, irrespective of whether the worker works in one or more jobs under one or more employment contracts. For young persons the duration of a daily rest period must not be shorter than that established in Article 60 (1) of this Law.
Article 54. Weekly rest
Article 55. Days off in undertaking rendering services
Days off for undertakings which may not interrupt their work on Sundays or holidays established by the Law on Holidays because they render services to the public (shops, transport undertakings, theatres, museums, etc.) shall be set by the institutions of local government.
Article 56. Days off in continuously working undertakings and in the case of summary registration of working time
In undertakings where interruption of work is impossible due to technical reasons or technological processes and in undertakings which are using summary registration of the working time, days off shall be given on different days of the week for each team of workers in a succession in accordance with the shift-change schedules.
Article 57. Specific organisation of working time and rest periods
Taking into account the seasonal character of work and other conditions, working time periods may be different from the standards established in this Law for the following categories of workers: workers working in transport and postal services, agricultural and energy undertakings, in medical and care institutions, also in sea and river navigation as well as in other economic activities. Provisions for specific organisation of working time, overtime and rest periods in certain areas of economic activities shall be made by the Government.
Article 58. Regulation of safety and health at work of young persons
1. Every employer should guarantee young people working conditions appropriate to their age. They shall ensure that young people are protected against any work likely to harm their safety, health or physical or mental development or to jeopardise their education.
2. Work by children under 16 years of age shall be prohibited, except light work which suits the child’s physical capabilities under the conditions of employment laid down in paragraphs 4 and 5 hereof.
3. Safety and health at work requirements laid down in this Law and other labour laws must be applied with respect to the work of young persons irrespective of whether they are working under a fixed-term employment contract or an employment contract of indefinite duration.
4. Upon a written agreement between one of the parents or other person raising the child and the employer, upon the child’s request accompanied by a medical conclusion about the child’s health and the doctor’s permission, children (schoolchildren) to 16 years of age may perform light work. The said agreement may be terminated at any time on the initiative of the child, one of the parents or other person raising the child or by the child’s doctor.
5. The list of light work allowed to be performed by children (schoolchildren) under 16 years of age, the procedure for concluding a written agreement specified in paragraph 4 hereof and notifying the State Labour Inspectorate thereof , rest periods and other special conditions under which such children are allowed to perform light work shall be approved by the Ministry of Social Security and Labour and Ministry of Health Care.
7. Before hiring a person under 18 years of age, the employer must assess:
1) whether or not the work to which the young person is to be assigned is on the list of jobs for which employment of young people is prohibited, whether or not the work involves harmful exposure to hazardous, dangerous factors which affect human health and work involving exposure to which (Article 59 (2)) may not be assigned to young people;
2) the workstation and the working environment with regard to compliance with the requirements for safety and health at work;
3) the use of dangerous chemical agents in the undertaking and exposure to their potential effect (nature, degree and duration of exposure);
4) the technical condition of work equipment, conditions of storage of hazardous and dangerous substances, in order to avoid young person’s exposure to them due to absence of awareness of existing or potential danger;
5) the organisation of work, technological processes and layout of work equipment in order to prevent young persons from entering the areas of workplaces where hazardous chemical agents are used;
8. The employer, upon the recruitment of young people and periodically in the course of employment, shall inform them of possible risks and preventive and all other measures used in the undertaking to ensure safety and protect health of the workers. Moreover, the employer must also inform the parents or guardians of the young person employed about the potential risks and preventive measures.
Article 59. Work prohibited for young persons
1. Employment of young persons shall be prohibited for:
2) work involving exposure to agents which are toxic, carcinogenic, cause genetic mutation or are harmful to health;
4) work involving a higher risk of accidents or occupational diseases and work which young person might not be able to perform safely due to lack of experience or attention to safety;
2. The procedure of recruitment of young persons, their health surveillance and their capacity top perform specific work, working time, the list of works prohibited for them and that of dangerous, hazardous factors shall be approved by the Ministry of Social Security and Labour and the Ministry of Health Care.
3. Where the work prohibited for young persons is indispensable for their vocational training, the work must be performed under the supervision of a specialist in safety and health service of the undertaking or any other worker designated by the employer or a worker of the educational establishment in which the adolescent is studying, who has been tested in the area of safety and health at work. The conditions and procedure of vocational training of young people in order to perform work prohibited to them shall be established by the Ministry of Social Security and Labour 4. Young people may not be employed in more than one undertaking (workplace) at the same time.
Article 60. Rest period of young people
1. For children the uninterrupted daily rest period shall be at least 14 consecutive hours, and for adolescents - at least 12 consecutive hours.
2. Young people who work more than four hours a day shall be entitled to an at least 30-minute break during the working time. This break shall be counted as working time.
Article 61. Prohibition of assignment of young people to work at night, overtime, or on holidays or days off
It shall be prohibited to assign young people to work during night time, on holidays and days off or to work overtime. Children under 16 years of age may not be hired to work from 8 p.m. until 6 a.m. Adolescents may not be recruited to perform work from 10 p.m. to 6 a.m. or from 11 p.m. to 7 a.m.
Article 62. Maternity protection
A pregnant or breast-feeding woman or a woman who has recently given -birth must be provided with safe and healthy conditions of work, they shall have the right to choose to work part-time. By this Law the State establishes guarantees for safety and health at work for pregnant women, women who have recently given birth or women who are breast-feeding.
Article 63. General provisions of safety and health at work for pregnant women, women who have recently given birth or are breast-feeding
1. It shall be prohibited to assign pregnant and breast-feeding women and women who have recently given birth to perform work that may be hazardous to the health of the woman or the child. The list of jobs and dangerous factors prohibited for pregnant women, women who have recently given birth or breast-feeding women (hereinafter - list of prohibited jobs) shall be approved by the Ministry of Health Care and the Ministry of Social Security and Labour.
2. In compliance with the lists of prohibited jobs and working environment risk assessment results, the employer must establish potential risk to safety and health of pregnant woman, woman who has recently given birth and breast-feeding woman. Upon assessment of the potential effect, the employer must take necessary measures to ensure that the exposure of such worker to the above risks is avoided:
1) if a pregnant woman, a woman who has recently given birth or a breast-feeding woman performs work included on the list of prohibited jobs, the woman shall be moved, upon her consent, to another job in the undertaking for the period until she goes on maternity leave;
3. Where the elimination of dangerous factors is impossible, the employer shall implement measures to adjust the working conditions so that exposure of a pregnant woman, a woman who has recently given birth or a breast-feeding woman to risks is avoided. If the adjustment of her working conditions does not result in avoidance of her exposure to risks, the employer must move the worker, upon her consent, to another job in the undertaking.
4. Having been moved to another job in the undertaking, the pregnant woman, the woman who has recently given birth or the breast-feeding woman shall be paid not less than her average pay she received before being moved to another job.
5. If moving a pregnant woman to another job which would not affect her or her future child’s health is not technically feasible, the worker concerned shall be granted, upon her consent, unpaid leave until she goes on her maternity leave. The period of the said unpaid leave shall not be counted in the insured period and shall be excluded when calculating the average pay that is liable to indemnity.
6. If moving a woman who has recently given birth or a breast-feeding woman after her maternity leave to another job where her and her child’s exposure to risks could be avoided is not technically feasible, the woman who has recently given birth or the breast-feeding woman shall, upon her consent, be granted an unpaid leave until her child is 1 year of age and shall be paid maternity insurance contributions for the period.
Article 64. Other guarantees of safety and health at work for pregnant and breast-feeding women and women who have recently given birth
1. It shall be prohibited to assign pregnant women, women who have recently given birth or breast-feeding women to work overtime. Persons who are raising a child or children under 3 years of age may be assigned to work on days off or on holidays established by the Law on Holidays, or be sent on business trips or assigned to work overtime only with their consent.
2. In addition to the general break to rest and to eat, a breast-feeding woman shall be at least every three hours given at least 30-minute breaks to breast-feed. At the mother’s request the breaks for breast-feeding may be joined or added to the break to rest and eat or given at the end of the working day, shortening the working day accordingly. Payment for these breaks shall be calculated according to the average daily pay of the worker.
3. Persons who are raising a child under 14 years of age, a child with limited functional capacity under 16 years of shall be assigned to work overtime or sent on business trips only with their consent.
Article 65. Guarantees of safety and health at work of persons with limited functional capacity
Safety and health at work of persons with limited functional capacity shall be guaranteed by this Law and the Law of the Republic of Lithuania on the Social Integration of the Disabled, other legal acts regulating safety and health at work.
PART IV
ASSESSMENT OF SAFETY AND HEALTH PROTECTION OF WORKERS AT WORK. MAIN PROVISIONS REGARDING REPORTS ON ACCIDENTS AT WORK AND OCCUPATIONAL DISEASES AND ON INVESTIGATION THEREOF
Article 66. Assessment of safety and health at work
1. Safety and health of workers at work shall be assessed on the basis of the degree of compliance of working conditions and work equipment in the undertaking , its divisions with the requirements of legal acts on safety and health at work
2. Working conditions shall be assessed on the basis of the degree of compliance of the working environment at workstations, character of work, and the organisation of working time and rest periods with the requirement of legal acts on safety and health at work
Article 67. Classification of the working environment
1. The working environment shall be classified as follows:
1) optimal working environment: working environment which contains no hazardous factors which may have a negative effect on the worker’s condition, functional capacity or health;
2) normal working environment: working environment which contains hazardous factors or factors having a similar effect, individual or aggregate concentrations (quantities) of which do not exceed the limits established in legal acts on safety and health at work;
3) hazardous working environment: working environment which contains one or more hazardous factors or factors having a similar effect, individual or aggregate concentrations (quantities) of which at certain points in time during the working day exceed the limits established in legal acts on safety and health at work. When working in such working environment, conditions to protect workers’ health must be created;
4) extremely hazardous working environment: working environment which contains one or more hazardous factors or factors having a similar effect, individual or aggregate concentrations (quantities) of which during the working day continuously exceed the limits established in legal acts on safety and health at work. Workers may work in such environment only in exceptional cases and must be provided with conditions to protect their health;
5) dangerous working environment: working environment which may occur due to the release into the environment of especially dangerous chemical substances or agents in the form of aerosols or dust in the course of work, also due to the use of dangerous explosive substances. In order to protect the workers from possible exposure, measures specified in Article 20(3) must be introduced.
Article 68. Assessment of the working environment
1. The working environment shall be assessed seeking to assess whether workers are likely to be exposed to professional risks in their working environment. The working environment shall be assessed taking account of the compliance of its factors with standards set for safe and healthy working environment in legal acts on
2. The decision on which specific workstations need to be assessed with regard to the working environment shall be with the employer. Specific workstations where the working environment must be assessed may also be indicated by a labour inspector. The results of the working environment assessment shall be recorded in the safety and health status card of the undertaking.
Article 69. Specific measures of ensuring safety and health at work
1. If a worker at work is exposed to higher risk and it is technically impossible to reduce the concentrations of hazardous factors in the working environment to the permitted levels established in legal acts on safety and health at work, the working time of the worker in the environment must be shortened taking into account the working environment assessment results and in accordance with the criteria and procedure for establishing the duration of working time based on the effect of the environment on the workers’ health.
2. Workers who work with dangerous biological substances which may induce infectious diseases shall obtain adequate vaccinations at the employer’s expense.
Article 70. Expert examination of safety and health at work
1. The purpose of expert examination of safety and health at work is to determine whether the workstations, working conditions, and work equipment satisfy the requirements established in legal acts on safety and health at work
2. Expert examination of safety and health at work may be carried out in order to evaluate new undertakings or subdivisions, designs of new technologies or work equipment or to evaluate the said objects upon their commissioning (introduction), investigating the causes of accidents at work, or circumstances of occupational diseases. Expert examination may also be carried out during the process of settlement of disputes related to reliability of the results of the assessment of the working environment (on the initiative of the employer, trade union or by decision of state institutions) as well as in other cases laid down in legal acts on safety and health at work
Article 71. Classification of accidents and occupational diseases
1. According to their consequences, accidents at work and accidents on the way to/from work shall be classified according to their consequences into:
1) minor accident at work : an event during which a worker suffers a trauma and loses functional capacity for at least one day and which is not classified as a serious accident at work;
2) serious accident at work : an event during which a worker suffers a trauma which poses risk to his or her health and / or life. Specific features which classify a trauma as serious shall be approved by the Ministry of Health Care;
2. According to the number of workers injured during an accident at work the accidents shall classified into single accidents at work (one worker injured) and group accidents at work (more than one worker injured).
3. According to the relation of an accident at work to work accidents at work shall be classified to those related to work and not related to work:
1) an incident which after the investigation is established to have taken place in the course of performing work agreed upon in the employment contract or other work assigned by or with the consent of the employer, or on the way to work or from work, or an event which takes place on the way to or from work shall be considered an accident at work.
2) an incident which resulted in the worker’s injury or death shall not be classified as an accident at work if after the investigation it is established that the worker consciously tried to kill or injure himself/herself; that the worker suffered from violence the circumstances and reasons of which are not related to work, that the worker was committing a criminal offence or that the worker was performing a task arbitrarily (without the consent of the employer) in pursuit of his own goals.
4. Occupational diseases shall be classified according to the time of manifestation and the symptoms of a disease:
1) chronic occupational disease: a health disorder of a worker caused by one or more hazardous and/or dangerous factors in his or her working environment within a certain time period.
Article 72. Reports on accidents at work and occupational diseases
1. A person who is injured in an accident at work or contracts an acute occupational disease and any person who witnessed the incident in question or its consequences must, if he/she is in the position to do so, immediately report this to the head of the subdivision, the employer, the safety and health at work service of the undertaking.
2. In the event of accidents at work resulting in the death of the injured person, serious accidents at work, also in the event of the worker’s death as a result of a disease, not related to work the employer must immediately notify the prosecutor’s office of the appropriate district and the State Labour Inspectorate thereof.
3. In the event of acute occupational diseases resulting in the death of the person who suffered from the diseases the employer must immediately report to the prosecutor’s office of the appropriate district , the State Labour Inspectorate and the territorial institution of public health care service.
4. A doctor who suspects that a person may be suffering from a chronic occupational disease must within three days report to the State Labour Inspectorate and the territorial institutions of public health care service thereon in writing.
Article 73. Investigation of accidents at work and occupational diseases
1. All undertakings shall apply a uniform and obligatory procedure for the investigation of accidents at work and occupational diseases, established by this Law and the Regulations for Investigation and Registration of Accidents at Work and Regulations for Investigation and Registration of Occupational Diseases.
2. All accidents at work and occupational diseases must be investigated, the investigation results must be recorded in the reports of prescribed form and registered according to the established procedure.
3. Minor accidents at work shall, by order of the employer or other executive document, be investigated by a bilateral commission consisting of a representative/representatives of the employer and the workers. The worker who is the victim of the accident may participate in the investigation of the accident at work..
4. Serious and fatal accidents at work shall be investigated by the State Labour Inspectorate with the representatives of the employer and the workers participating. While investigating the accident at work, the State Labour Inspectorate shall ascertain the causes and circumstance of the accident at work, suggest measures for the elimination of causes of similar accidents. The labour inspector may enlist the necessary specialists or experts for the investigation of the accident at work. The employer shall provide conditions and the necessary information for the investigation of an accident at work. The report on investigation of the accident at work, recorded and signed by the inspector shall also be signed by all persons who participated in the investigation. The labour inspector shall hand in the report of investigation of the accident at work to the employer who shall sign it. In case the representative of the employer or workers is not taking part in the investigation, the labour inspector shall conduct the investigation of the accident at work without the representative /representatives of the interested party. If the representative of the employer or workers, or the employer does not sign the submitted report of investigation of the accident at work and fails to give the labour inspector a justified reason therefor in writing, the report of investigation of the accident at work recorded by the inspector shall enter into force from the day of its drawing up.
5. The report of the investigation of accident at work drawn up by the labour inspector together with the annexes shall be sent to the appropriate institution, the victim (or the victim’s family) in accordance with the procedure established in the Regulations for Investigation and Registration of Accidents at Work.
6. The investigation of an accident at work carried out by the state labour inspector or his decisions (conclusions) regarding the circumstances and/or reasons of the accident at work may be appealed against by the employer, the workers’ representative by lodging an appeal in accordance with the procedure laid down in the Regulations for Investigation and Registration of Accidents at Work with the Chief Labour Inspector of the Republic of Lithuania or the court. The procedure for considering appeals regarding accidents at work at the State Labour Inspectorate shall be established by the Regulations for Investigation and Registration of Accidents at Work. The decision of the Chief Labour Inspector of the Republic of Lithuania regarding complaints about the investigation, the circumstances and/or cause/causes of the accidents at work may be appealed against to court in accordance with the procedure established by law.
7. If it is established in the course of investigation that the incident at work may not be classified as an accident at work or upon establishing that the cause of the worker’s death was a disease not related to his work, the investigation shall be discontinued and its material shall be submitted to relevant institutions in accordance with the procedure established in the Regulations for Investigation and Registration of Accidents at Work.
8. An accident at work which caused the death of three or more workers shall be investigated by a commission whose chairman shall be the Chief State Labour Inspector of the Republic of Lithuania and members - Deputy Chief State Labour Inspector of the Republic of Lithuania, head of the territorial division of the State Labour Inspectorate and two labour inspectors from the division. Representatives of the employer and workers shall also take part in the investigation.
9. A suspected occupational disease shall be diagnosed for a worker who is or was employed in the undertaking by a doctor who has a licence to engage in these activities, in accordance with the Regulations for the Investigation and Registration of Occupational Diseases and the List of Occupational Diseases.
10. The causes of the occupational disease shall be investigated by the commission for the investigation of occupational disease, which shall also diagnose the disease as an occupational disease. The commission shall consist of the state labour inspector (acting as commission chairman), a representative of the territorial institution of public health care and the doctor who suspected the occupational disease. The investigation shall be conducted in accordance with the Regulations for the Investigation and Registration of Occupational Diseases. Representatives of the employer and workers shall also be taking part in the investigation. The chairman of the commission may enlist the appropriate experts and specialist to assist during the investigation. The employer shall provide the required conditions and furnish the information required for the investigation. The commission shall draw up a report on the occupational disease to be signed by the commission members and the representatives of the employer and workers. The report on the occupational disease shall be delivered to the employer and the worker suspected of being ill or who was diagnosed as being ill with the occupational disease, who shall confirm the receipt thereof by affixing their signature and shall be sent to appropriate institutions.
` 11. If in the course of investigation it is established that the causes of the occupational disease may be related to the worker’s previous workplace, the commission shall carry out the investigation in the undertaking or undertakings which was the worker’s previous workplace in accordance with the Regulations for Investigation and Registration of Occupational Diseases.
12. The representatives of the employer or the workers who participated in the investigation may appeal to court or, in the manner laid down in the Regulations for Investigation and Registration of Occupational Diseases, to the Chief State Labour Inspector of the Republic of Lithuania against the decisions and conclusions regarding the causes of the occupational disease, made by the commission which carried out the investigation of the occupational disease or the procedure of investigation .
13. Disputed issues relating to the diagnosing of occupational diseases shall be settled by the Central Occupational Medicine Experts Commission the regulations and compositions of which shall approved by the Ministry of Health Care. Applicants who object to the decision of the Central Occupational Medicine Experts Commission shall have the right to appeal to court.
14. Acute occupational diseases which resulted in the death of three or more workers shall be investigated by a commission consisting of the Deputy Chief Hygiene Specialist of the Republic of Lithuania, head of the territorial (inspection) division of the State Labour Inspectorate, one representative of the State Labour Inspectorate and one representative of the Public Health Care Service of the territorial institution. The commission shall be chaired by the Chief State Labour Inspector of the Republic of Lithuania. Representatives of the employer and workers shall be taking part in the investigation. Representatives of the employer and the workers shall also participate in the investigation.
Article 74. Preservation and registration of reports of investigation of accidents at work and occupational diseases
1. Reports of the investigation of accidents at work shall be submitted to the worker injured in the accident or his or her representative, to the employer and the State Labour Inspectorate, insurance company where the victim was insured against accidents at work and occupational diseases. In case of a serious or fatal accident at work, the State Labour Inspectorate shall refer the investigation documents to the Prosecutor’s Office.
2. Reports of the investigation of occupational diseases shall be submitted to the worker who has contracted the disease or his or her representative, to the employer, the State Labour Inspectorate and to the territorial division of the Public Health Care Service, the insurance company where the worker was insured against accidents at work and occupational diseases.
3. Investigation reports of all accidents at work and occupational diseases shall be preserved and registered at the State Labour Inspectorate in accordance with the procedure laid down accordingly by the Regulations on Investigation and Registration of Accidents at Work and the Regulations on Investigation and Registration of Occupational Diseases. Occupational diseases shall also be registered in the State Register of Occupational Diseases at the territorial division of the Public Health Care Service, State Register of Occupational Diseases in accordance with the procedure established in the Regulations for Investigation and Registration of Occupational Diseases and Regulations of the State Register of Occupational Diseases.
4. Reports of the investigation of accidents at work and investigation material, reports of the investigation of occupational diseases and investigation material shall be kept at the undertaking where the accident at work occurred or the occupational disease was diagnosed and at the State Labour Inspectorate in compliance with the time period set for the safekeeping of documents by the Lithuanian Archives Department under the Government of the Republic of Lithuania.
PART V
ECONOMIC MEASURES TO ENCOURAGE IMPROVEMENTS IN SAFETY AND HEALTH AT WORK. LIABILITY FOR VIOLATIONS OF REQUIREMENTS ON SAFETY AND HEALTH AT WORK. FINAL PROVISIONS
Article 75. Social insurance of workers against accidents at work and occupational diseases
1. The employer must insure the workers against accidents at work and occupational diseases by social insurance.
Article 76. Differentiation of the amounts of social insurance contributions
Taking account of accidents at work, occupational diseases and factors of risk to safety and health, different amounts of social insurance contributions shall be prescribed for different spheres of economic activities.
SECTION II
LIABILITY FOR VIOLATIONS OF LEGAL ACTS ON SAFETY AND HEALTH AT WORK. COMPENSATION FOR DAMAGE
Article 77. Liability of employers and workers
1. Employers whose acts or omission constitute a violation of legal acts on safety and health at work and who, therefore, fail to ensure safe and healthy working conditions shall be liable under the law.
2. After investigations of accidents and occupational diseases and establishment of circumstances and causes thereof, the employer’s liability for the safety and health of workers at work may be limited or he may not be held liable altogether if the worker was injured or contracted an occupational disease due to unusual circumstances which were beyond the employer’s control or due to extraordinary events the consequences whereof could not be avoided despite the exercise of all due measures.
4. The employer’s liability for failure to ensure safety and health at work may be limited upon the evaluation of all the measures taken by the employer in the manner prescribed by Article 36 of this Law.
Article 78. Compensation for damage to a worker’s health
1. A worker who has lost his functional capacity as a result of an accident at work or occupational disease which resulted in the loss of income shall be entitled to be compensated for the pay lost in accordance with the Republic of Lithuania Law on Accidents at Work and Law on Social Insurance against Occupational Diseases and other laws.
2. If a worker who is injured in an accident at work or contracts an occupational disease has no social insurance against accidents at work or occupational diseases, the income lost due to loss of functional capacity and medical aid and treatment costs as well as the expenses related to the victim’s social, professional rehabilitation shall be compensated by the employer. The compensation must amount to at least the sum established by the law of the Republic of Lithuania on Social Insurance against Accidents at Work and Occupational Diseases.
Article 79. Accident benefit in the event of death of a worker caused by an accident at work
If a worker dies as a result of an accident at work which is recognised as an insured event, the persons specified in the Law on Social Insurance against Accidents at Work and Occupational Diseases shall be paid the insurance benefits.
Article 80. Administrative fines for violations of legal acts on safety and health at work
The State Labour Inspectorate shall impose fines provided for under the laws of the Republic of Lithuania on the employers and workers who violate legal acts on safety and health at work.
Article 81. Control of safety and health at work
Control of compliance with the requirements of safety and health at work in undertakings shall be exercised by the State Labour Inspectorate. The functions, rights and responsibilities of the State Labour Inspectorate shall be established in the Republic of Lithuania Law on State Labour Inspectorate.
Article 82. Settlement of disputes
1. Disputes related to the application and violations of legal acts on safety and health at work shall be settled in accordance with the procedure established by law.
Article 83. Registration of and accountability for safety and health at work
1. Undertakings shall fill out a statistical report in accordance with the data registered in the safety and health status card of the undertaking, where workstations in which concentrations of hazardous and/or dangerous factors exceed the levels established in legal acts on safety and health at work, accidents, occupational diseases, workstations in which potentially dangerous equipment or work equipment is used shall be indicated.
Article 84. International co-operation
International co-operation of the Republic of Lithuania in the sphere of safety and health at work shall be based on the appropriate legal acts of the European Union, of the International Labour Organisation, and on other international instruments.
Article 85. Application of legal acts on safety and health at work of the European Union and International Labour Organisation in the Republic of Lithuania
Legal acts on safety and health at work of the Republic of Lithuania shall be drawn up on the basis of the provisions of legal acts on safety and health at work of the European Union, the provisions of the International Labour Organisation Conventions ratified in the prescribed manner by the Republic of Lithuania and taking into consideration of the recommendation of the International Labour Organisation.
Article 86. Entry into force of Article 15(3), Article 29 and Article 69 (6) of the Law
Article 87. Application of Article 79 of the Law
The provisions of Article 79 of this Law shall apply from the day of coming into force of the Law on Social Insurance against Accidents at Work and Occupational Diseases.
Article 88. Proposals to the Government
Upon entry into force of this Law the Government shall :
1) approve by 1 February 2001 the Regulations for Investigation and Registration of Accidents at Work and the Regulations for Investigation and Registration of Occupational Diseases;
2) set the time limits for coming into force of the amendments and supplements to the legal acts on safety and health at work, approved in the course of implementation of the Resolution of the Seimas of the Republic of Lithuania of 7 October 1993 No. I-267 “Regarding the Implementation of Articles specified in Article 88 of the Law of the Republic of Lithuania on Labour Protection” as well as the deadlines for coming into force of the legal acts on safety and health at work referred to in the Articles of the above Law, that are approved by the Ministers.”