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State Labour Inspectorate information in English language


Law on Safety and Health at Work

Labour code

  LAW ON THE STATE LABOUR INSPECTORATE OF THE REPUBLIC OF LITHUANIA

14 October 2003 No. IX-1768
Vilnius

                                                                             CHAPTER ONE

                                                              GENERAL PROVISIONS

             Article 1. Purpose of the Law

          This Law shall establish the objectives, functions and structure of the State Labour Inspectorate of the Republic of Lithuania (hereinafter referred to as the „State Labour Inspectorate“), as well as rights, duties and responsibilities of inspectors of the State Labour Inspectorate and procedures of conducting inspections.

            Article 2. Legal status of the State Labour Inspectorate

         1. The State Labour Inspectorate is a state control institution enjoying the rights of a legal entity, functioning under the Ministry of Social Security and Labour.

         2. The State Labour Inspectorate is a budgetary institution financed from the state budget of the Republic of Lithuania, possessing its own bank accounts, the seal comprising the State‘s emblem and its own name.

           Article 3. Legal grounds of activities of the State Labour Inspectorate

In its activities the State Labour Inspectorate shall observe the Constitution of the Republic of Lithuania, international treaties of the Republic of Lithuania, the Labour Code of the Republic of Lithuania, this Law, as well as other laws and standard acts regulating occupational safety and health as well as labour relations.

         Article 4. Remit of competence of the State Labour Inspectorate  

       The remit of competence of the State Labour Inspectorate includes the prevention of accidents at work, occupational diseases, violations of occupational safety and health, standard acts on labour law and control of the Labour Code of the Republic of Lithuania, laws and other standard  acts regulating occupational safety and health as well as labour relations in enterprises, institutions, organisations or other organisational structures, irrespective of their forms of ownership, type, nature of activity, also in these cases when an employer is a natural person (hereinafter referred to as the „employers“).

                                                                                     CHAPTER TWO

                   STRUCTURE AND FUNCTIONS OF THE STATE LABOUR INSPECTORATE

 

          Article 5. Structure of the State Labour Inspectorate

        1. The State Labour Inspectorate shall be headed by the chief state labour inspector of the Republic of Lithuania (hereinafter referred to as the „chief state labour inspector“).

        2. The State Labour Inspectorate shall consist of the administration and territorial divisions. The administration shall consist of the chief state labour inspector and his deputies as well as divisions and services coordinating and organising activities of the State Labour Inspectorate, acting in accordance with regulations of divisions and services.

        3. The number and subordination of divisions and services of the administration as well as territorial divisions (hereinafter referred to as the „structural subdivisions“) shall be established by approval of the structure of the State Labour Inspectorate. Sectors, uniting specialists of certain activities may be established within the structural subdivisions.

        4. In their activities structural subdivisions shall follow regulations, establishing the purpose, objectives and functions of the structural subdivisions.

           Article 6. Functions of the State Labour Inspectorate  

The State Labour Inspectorate within the remit of its competence shall:

         1) inspect if employers comply with regulatory provisions of laws regulating occupational safety and health  as well as labour relations, other standard acts and collective agreements, and issue ordinances and notices for employers;

         2) inspect if occupational safety and health services as well as committees are established following the provisioned procedure and how internal control of occupational safety and health status is organised;

          3) inspect if used work equipment, workstations, technological processes, working conditions comply with the requirements of laws or other standard acts, execute control how the procedure and terms of inspection of technical status of potentially dangerous equipment are met, if ongoing supervision of this equipment is effected, also if traffic of transport in enterprises is duly organised;

        4) inspect if works of mining, blasting, extraction and processing of mineral resources, geological borings, seismic explorations, processing of flammable gas, chemistry, oil, as well as technological processes during which cases of blasting, fire or poisoning are probable, are performed in a safe manner and submit conclusions, ordinances, notices as well as proposals for employers in the manner prescribed by laws and other standard acts;

        5) inspect if employers organise manufacturing and use of hazardous and dangerous substances in a safe manner, if measures of industrial accidents prevention are implemented duly;

        6) inspect if employers identify hazards, carry out risk analysis and assessment;

        7) inspect if ancillary, sanitary and hygiene premises, collective measures for occupational safety and health are installed, if personal protective equipment is issued and used following the established procedure, if requirements of hygienic norms are duly observed, if lists of persons, who must undergo compulsory medical examination are compiled correctly, if employers organise compulsory medical examinations for employees following the established procedure;

        8) inspect the application of safety and health guarantees, organisation of work and rest for persons under 18 years of age, pregnant women,  women who have recently given birth, breast-feeding women and working disabled persons as established by laws and other standard acts;

       9) investigate the causes and circumstances of serious and fatal accidents. In cases of serious and fatal accidents, inspectors of the State Labour Inspectorate shall submit the materials of investigation of accident at work to a law enforcement institution. Inspect if the established procedure of investigation of accidents at work is observed, if employers introduce preventive measures in order to prevent accidents at work and cases of occupational diseases;

      10) organise and together with representatives of health surveillance institutions investigate circumstances and causes of occupational diseases;

       11) record serious and fatal accidents at work, compile the information received from employers on minor accidents at work, following the established procedure file statements of investigation of accidents at work and causes of occupational diseases;

       12) examine the calculation and payment of the compensation for damage to an employee’s health in cases when employers are responsible for payment of the compensation;

       13) following the established procedure, participate in the investigation of industrial accidents to installations and objects;

      14) analyse circumstances and causes of accidents at work, occupational diseases, industrial accidents, infringements of occupational safety and health, develop proposals on improvement of the status of occupational safety and health in the country;

      15) investigate applications and complaints within the remit of competence of the State Labour Inspectorate, ensure the confidentiality of applicants;

      16) execute control of appearances of illegal work, following the procedure established by the Government, coordinate the activities of institutions executing the control of illegal work;

      17) present conclusions concerning training programmes on occupational safety and health under preparation, intended for training of employees, operating potentially dangerous equipment, performing ongoing mandatory supervision of this equipment during its utilisation, employers’ representatives, persons authorised by employers, specialists of occupational safety and health services, participate in testing of their knowledge. Inspect if employees are instructed, trained, attested on issues of occupational safety and health;

      18) submit comments and proposals regarding draft standard acts under preparation in the fields of occupational safety and health, labour relations;

      19) analyse practice of application of labour laws, standard acts on occupational safety and health, submit proposals regarding amendments to laws or other standard acts in force;

     20) provide consultations to employees, workers’ representatives,  employers’ representatives, persons authorised by employers on issues of compliance with the requirements of occupational safety and health, labour laws, conclusion of collective agreements as well as other issues;

      21) following the established procedure, participate in acknowledgment of workplaces, their subdivisions or newly established workplaces as suitable for exploitation;

     22) administer the State Register of Potentially Dangerous Equipment, organise preparation of draft standard acts on supervision of potentially dangerous equipment;

     23) at the end of the calendar year, prepare report on the status of occupational safety and health and the implementation of labour laws; and submit it to the Ministry of Social Security and Labour of the Republic of Lithuania and the Occupational Safety and Health Commission of the Republic of Lithuania before the 1st of June. Prepare yearly report on the implementation of the International Labour Organisation Convention No. 81 „Labour Inspection in Industry and Commerce“, submit information to the Ministry of Social Security and Labour on compliance with other ratified conventions of this organisation in the country, related to occupational safety and health as well as labour relations;

The wording of paragraph 24  till 1 January 2011:

       24) carry out other functions established by other standard acts.

The article is supplemented with a new paragraph 24, former paragraph 24 shall be considered to be paragraph 25 as from 1 January 2011:

       24) following the procedure established by the Government or an institution authorised thereof, shall submit data to the State Social Insurance Fund Board under the Ministry of Social Security and Labour (hereinafter referred to as the „State Social Insurance Fund Board”) for establishment of the number of the tariff groups of social insurance contributions against accidents at work and occupational diseases as well as for the calculation of tariffs of contributions of this insurance regarding the following issues: that work equipment, working conditions do not comply with the requirements established by the standard acts, on the identified violations of standard acts on occupational safety and health, on the number of accidents at work which occurred during the performance of dangerous works,  as well as on the number of employees carrying out dangerous works in the relevant enterprise;

Note. Provisions of paragraph 24 Article 6 on submitting of data on non-compliance of work equipment, working conditions to the requirements established by standard acts on occupational safety and health shall come into force from 1 January 2012.

       25) carry out other functions established by other standard acts.

                                                                                    CHAPTER THREE

                             INSPECTORS OF THE STATE LABOUR INSPECTORATE

         Article 7. Inspectors of the State Labour Inspectorate

       1. Inspectors of the State Labour Inspectorate shall be the following:

       1) chief state labour inspector;

       2) deputies of the chief state labour inspector;

       3) heads of divisions – chief labour inspectors;

       4) deputy heads of divisions – chief labour inspectors;

       5) chief labour inspectors;

       6) senior labour inspectors;

       7) labour inspectors.

       2. Inspectors of the State Labour Inspectorate shall be liable for misconduct in office following the procedures established by the Law on Public Service. 

       3. Inspectors of the State Labour Inspectorate shall be supplied with workstations equipped according to the established requirements, also means of transportation, expedient for carrying out of official duties in cases when there is no possibility to make use of public transport. Expenses for public transport as well as other expenses incurred by inspectors of the State Labour Inspectorate in relation with the performance of official duties shall be compensated with the appropriations assigned to the State Labour Inspectorate for this purpose.

         Article 8. Chief state labour inspector

       1. The State Labour Inspectorate shall be headed by the chief state labour inspector, who is appointed to and dismissed from office by the Minister of Social Security and Labour following the procedure established by the Law on Public Service. The chief state labour inspector shall be directly subordinated and accountable to the Minister of Social Security and Labour.

       2. The chief state labour inspector shall:

       1) organise the work of the State Labour Inspectorate, be responsible for its activities, organise use of appropriations received from the state, establish the procedure of carrying out of internal audit;

       2) represent the State Labour Inspectorate;

       3) approve the structure of the State Labour Inspectorate, Rules of Operation of the State Labour Inspectorate, regulations of structural subdivisions as well as job descriptions, templates of ordinances, protocols, decisions as well as other documents within the remits of his competence, authorise one of his deputies to execute duties of the chief state labour inspector in his absence;

       4) establish structural subdivisions of the State Labour Inspectorate;

       5) examine requests and complaints of citizens and persons regarding the actions of inspectors of the State Labour Inspectorate as well as the legitimacy of decisions adopted thereof;

       6) establish regimes of working time for subdivisions of the State Labour Inspectorate taking into consideration the specifics of their activities;

       7) issue orders, within the remits of his competence approve standard acts on issues of occupational safety and health;

       8) establish the procedure of prohibition to use work and personal protective equipment in cases when they do not meet the requirements of standard acts on occupational safety and health;

       9) following the procedures provisioned by laws, appoint to and dismiss from office public servants of the State Labour Inspectorate, appoint to and dismiss from office employees working under employment contracts, provide incentives and impose upon them official or disciplinary sanctions;

      10) authorise inspectors of the State Labour Inspectorate to represent the State Labour Inspectorate in other institutions, establishments or organisations as well as courts;

The wording of paragraph 11 till 1 January 2011:

       11) carry out assignments of the Minister of Social Security and Labour.

Part 2 is supplemented with a new paragraph 11, former paragraph 11 shall be considered to be paragraph 12 as from 1 January 2011:

       11) participate in the meetings of the State Social Insurance Fund Board and submit his opinion when issues under discussion are related to the tariffs of contributions of social insurance against accidents at work and occupational diseases, assignment of assurers to relevant groups of tariffs of contributions of this insurance as well as funds, allocated for prevention of accidents at work and occupational diseases;

       12) carry out assignments of the Minister of Social Security and Labour.

       3. The chief state labour inspector shall have the right to:

       1) submit proposals to the Minister of Social Security and Labour regarding the submission of drafts of standard acts to the Government, with the effect of suspending and (or) abolishment of decisions of state institutions or establishments, contradicting the labour laws as well as other standard acts regulating labour relations;

       2) request the employers, employers’ representatives as well as the persons authorised by employers to eliminate identified violations of standard acts on occupational safety and health or other regulatory acts as well as to introduce preventive measures with the aim to improve status of occupational safety and health;

       3) following the established procedure, to participate in sittings of the Government and express his opinion when issues related to the competencies of the State Labour Inspectorate are under consideration;

       4) request that the employer’s representative, a person authorised by the employer for occupational safety and health (head of the subdivision or any other official of the administration, who has been authorised by the employer’s representative to implement the requirements on occupational safety and health in the relevant enterprise and (or) structural subdivision of the enterprise (hereinafter referred to as the „person authorised by the employer“) should re-take the examination of knowledge in the field of occupational safety and health.

          Article 9. Rights and duties of inspectors of the State Labour Inspectorate

        1. Inspectors of the State Labour Inspectorate shall have the following rights:

       1) upon presentation of the certificate of employment and authorisation, to enter any work station freely and without prior notification at any time of the day and to inspect the compliance with the requirements laid down in labour laws, standard acts on occupational safety and health or other regulatory acts;

       2) to obtain data and documents (copies, extracts thereof) and other evidence from the employer, which are expedient for execution of the functions of the State Labour Inspectorate;

       3) to get explanations orally or in writing from employers‘ representatives, persons authorised by employers, employees as well as from other persons present in the workplace under the inspection regarding violations of laws on labour, occupational safety and health, other standard acts regulating occupational safety and health and labour relations or regarding the non-compliance with instructions of the State Labour Inspectorate (if there is no possibility to obtain the above mentioned information on the spot, the employer‘s representative or a person authorised by the employer shall be called upon to the territorial division of the State Labour Inspectorate or the administration of the State Labour Inspectorate);

      4) for the purposes of investigation of serious and fatal accidents at work, if necessary, to use the means of communication and transportation of the employer for free of charge;

      5) upon investigating accidents at work, occupational diseases, to obtain data and documents necessary for the said investigation from the employer, and from the employer‘s representative, a person (persons) authorised by the employer, employees and witnesses – explanations regarding circumstances and causes of the accident at work or the case of occupational diseases, also to assign an expert examination in case of need. To obtain additional information from health surveillance establishments, law enforcement and other institutions, following the procedure established by relevant standard acts;

       6) to perform control measurements of parameters of working environment;

       7) to give instructions to the employer‘s representative, a person authorised by the employer regarding the projects of buildings under construction or renovation in the enterprise as well as labour means when it becomes evident that the arrangements provisioned in the projects do not fulfil the requirements of standard acts on occupational safety and health;

       8) pursuant to the procedure approved by the chief state labour inspector, to ban the use of work equipment and personal protective equipment for the employer if they are not in compliance with the requirements of standard acts on occupational safety and health or other regulatory acts;

       9) to demand that the employer, the employer‘s representative or a person authorised by the employer immediately stop the works: when employees are not trained and (or) not instructed to work safely, when employees’ safety and health is in danger due to faults of work equipment or emergency situations, when works are carried out in a manner violating technological regulations, without installation of relevant collective protective equipment or when employee (employees) are  not supplied with personal protective equipment and in other cases when the working environment  becomes hazardous and (or) dangerous to health and safety;

      10) to take out temporarily – for up to 7 working days – from the employer the documents, expedient for fulfilment of the functions of the State Labour Inspectorate, by way of drawing up and presenting the statement on taking out of said documents, or to make copies or extracts from said documents. In cases when documents are taken out, inspectors of the State Labour Inspectorate upon the request of the employer‘s representative shall allow him to make copies of the taken out documents. The employer‘s representative shall enjoy the right to request the certification of the authenticity of said copies with the official stamp of the inspector of the State Labour Inspectorate;

      11) during performance of official duties, in case of need, to call upon the assistance of police officers;

     12) exercising the prevention and control of violations of laws regulating occupational safety and health as well as labour relations and other regulatory acts, and in the manner not contravening the immunity of private life of persons as guaranteed by relevant laws, to take photos, to make audio and video records;

      13) also may have other rights, established by other standard acts.

      2. Inspectors of the State Labour Inspectorate must:

      1) upon disclosing violations of standard acts regulating occupational safety and health as well as labour relations, and following the procedures established by the Rules of Operation of the State Labour Inspectorate, to draw up an ordinance for the employer‘s representative or a person authorised by the employer, indicating the identified violations as well as to establish the time, within which the above mentioned persons are obliged to eliminate said violations;

      2) to transfer the materials of investigation to law enforcement institutions in cases when it is established that violations of labour laws, standard acts on occupational safety and health as well as other standard acts at the enterprise have resulted or might have resulted in serious accidents at work to employees or any other serious consequences;

      3) to settle disputes between employers and employees regarding the refusal of employees to work due to the motivation that occupational safety and health is not secured;

     4) to notify the employer‘s representative, a person authorised by the employer of the employees who do not comply with requirements of labour laws, standard acts on occupational safety and health as well as other standard acts;

     5) upon disclosing violations of labour laws, standard acts on occupational safety and health, and following the established procedure to draw up protocols, ordinances, statements and other documents of the approved form;

     6) to address police officials regarding withdrawal of employees from dangerous workplaces or zones in cases when the employer‘s representative or a person authorised by the employer refuses to fulfil the request of the inspector of the State Labour Inspectorate to stop the works;

     7) to respect the rights and legitimate interests of the entity under inspection;

    8) to safeguard and not reveal the information of state, employers commercial secrets, which they have discovered while discharging official duties;

    9) exercise duties established by other standard acts.

       Article 10. Appeals against actions and decisions of inspectors of the State Labour Inspectorate

     Actions and decisions of inspectors of the State Labour Inspectorate may be appealed against to the chief state labour inspector or to the administrative court in the manner prescribed by the Law on Administrative Proceedings. Decisions of the chief state labour inspector may be appealed against to the administrative court.

                                                                                   CHAPTER FOUR

                                  PROCEDURE FOR CONDUCTING INSPECTIONS

        Article 11. Inspection

      1. While inspecting the employer, inspectors of the State Labour Inspectorate shall notify the employer‘s representative of the inspection if the inspector is of the opinion that such notification does not impair the discharge of his official duties.

      2. Inspectors of the State Labour Inspectorate shall notify the workers’ representatives of their arrival if the inspection is carried out on the request of workers’ representatives.

      3. Employers must provide conditions for inspectors of the State Labour Inspectorate, discharging their official duties as well as specialists called upon thereof and performing control measurements of parameters of working environment, or carrying out expert examinations in relation with investigation of accidents at work or occupational diseases.

      4. Inspectors of the State Labour Inspectorate, upon carrying out the inspection and identifying of violations of labour laws as well as standard acts on occupational safety and health, following the established procedure shall draw up documents of the set form (ordinance,  protocol, statement, decision, etc.). They are presented to the employer‘s representative or a person authorised by the employer for signing or posted by mail.

      5. Workers‘ representatives shall be acquainted with the results of inspection and drawn up documents upon their request.

      6. Ordinances and instructions of inspectors of the State Labour Inspectorate shall be obligatory. Persons who do not comply with requirements of inspectors of the State Labour Inspectorate shall be held liable under law.

      7. Procedure for conducting inspections shall be established by the Regulations on the State Labour Inspectorate approved by the Minister of Social Security and Labour.

        Article 12. Indemnity of expenses for expert examinations

      Expenses for expert examinations appointed by the State Labour Inspectorate, related with the investigation of occupational diseases and accidents at work, provided that they are not carried out by State agencies, shall be paid by the State Labour Inspectorate with the funds appropriated to it for this purpose from the state budget.

                                                                                    CHAPTER FIVE

                                                                FINAL PROVISIONS

           Article 13. Relations of the State Labour Inspectorate with other entities

        The State Labour Inspectorate, while carrying out its functions, shall cooperate and exchange information with state and municipal institutions as well as establishments, trade unions, labour councils, organisations of employers and analogous authorities of other countries.

           Article 14. Entry into force of this Law

        1. This Law shall enter into force from 1 January 2004.

        2. Upon entry into force of this Law, the following standard acts shall become invalid:

        1) the Law on the State Labour Inspectorate of the Republic of Lithuania (Official Gazette, 1994, Nr. 87-1644);

       2) the Law of the Republic of Lithuania amending and supplementing Articles 6 and 15 of the Law on  the State Labour Inspectorate (Official Gazette,1996, Nr. 41-987);

      3) the Law of the Republic of Lithuania amending Article 6 of the Law on the State Labour Inspectorate (Official Gazette, 1997, Nr. 67-1654);

      4) the Law of the Republic of Lithuania amending and supplementing Articles 4, 5, 6, 7, 8, 12, 13, 15, 18, 21, 25 of the Law on the State Labour Inspectorate (Official Gazette, 1998, Nr. 98-2712);

      5) the Law of the Republic of Lithuania amending Article 11 of the Law on the State Labour Inspectorate (Official Gazette, 1999, Nr. 33-952);

      6) the Law of the Republic of Lithuania supplementing Articles 7 and 8 of the Law on the State Labour Inspectorate (Official Gazette, 2000, Nr.61-1829).

        I promulgate this Law enacted  by the Seimas of the Republic of Lithuania.

PRESIDENT OF THE REPUBLIC                                                                                                ROLANDAS PAKSAS


Contact Person:
Senior Labour Inspector of Legal Division
Aras Petrevičius
Tel.: +370 5 2139768
E- mail: aras.petrevicius@vdi.lt
Valstybės biudžetinė įstaiga. Algirdo g. 19, LT-03607 Vilnius, tel. (8 5) 265 0193, faks. (8 5) 213 9751, el. p. info@vdi.lt
Duomenys apie Lietuvos Respublikos valstybinę darbo inspekciją prie Socialinės apsaugos ir darbo ministerijos kaupiami ir saugomi Juridinių asmenų registre, kodas 188711163. Konsultacijų tel. (8 5) 213 9772