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OCCUPATIONAL SAFETY AND HEALTH LAW OF THE REPUBLIC OF LITHUANIA
ARTICLES RELATED TO ACCIDENTS AT WORK
  2016-07-28

Article 2, paragraph 14:

"14. An incident is a work-related event, during which the employee does not suffer any damage to his health or does not lose working capacity due to suffered damage."

Article 2, paragraph 15:

"15. An event at work, during which the employee suffers damage to his health is an event, including a traffic accident, for which an employee suffers damage to his health or for which an employee dies, and which is investigated according to the established procedure in order to determine the causal relationship with work and is then recognized or not recognized as a workplace accident."

Article 2, paragraph 21:

"21. Workplace accident is an event at work, including a traffic accident, while performing work tasks or being at the workplace, for which an employee suffers damage to his health and becomes incapable to work for at least one day or dies, and which is investigated and recognized as a workplace accident."

Article 2, paragraph 22:

"22. An accident on the way to or from work is an event, including a traffic accident, when an employee is travelling to or from work on the employee's working days on the way between the workplace and:
1) place of residence;
2) place outside of the company's premises at which the employee may be for a break and meal time;
3) place outside of work, where the employee is paid his wage;
4) any other workplace. In this case, an accident on the way to work is investigated by the committee appointed by the employer to whom the employee went."

Article 42, paragraph 1:

"1. Workplace accidents and accidents on the way to or from work are divided into minor, serious and fatal according to their consequences:
1) minor workplace accident is an accident at work, which is not in the category of serious or fatal workplace accidents;
2) serious workplace accident is an accident at work which gravely damages an employee's health. Features classified as pertaining to serious damage to the health are approved by the Minister of Health;
3) fatal workplace accident is an accident at work due to which the employee dies."

Article 43:

"Article 43. Reporting an accident on the way to or from work, workplace events, during which workers are exposed to health hazards, incidents and occupational diseases

1. An employee who was injured during an event at work, for which the employee has suffered damage to his health, during an accident on the way to or from work, or due to acute occupational disease, if able, as well as an employee who has seen the event or its consequences, must immediately notify the head of division, an employer's representative, occupational safety and health service provider or occupational safety and health specialist. The incidents are reported according to the procedures established by the company.

2. An employer's representative or a person authorized by the employer must immediately notify the relevant territorial office and the State Labour Inspectorate about all events at the workplace for which the employee died, or through which his health was seriously damaged. In cases of acute occupational disease for which an employee has died, the employer's representative or a person authorized by the employer must immediately report to the National Public Health Centre under the Ministry of Health.

3. The doctor who suspects a chronic occupational disease, no later than in 3 days must notify the employer, the State Labour Inspectorate and the National Public Health Centre under the Ministry of Health in writing.

4. The employer's representative or a person authorized by the employer shall immediately notify the State Labour Inspectorate about the event at workplace for which the employee has suffered damage to his health, but was not gravely damaged, about an accident on the way to or from work, when there are not enough people to create a bilateral committee referred to in this Law, Article 44 paragraph 2

5. The procedure of notifying about events at work, for which the workers are exposed to health hazards, accidents on the way to or from work and occupational diseases, and their registration is laid down in the relevant regulations of investigation and registration of Workplace accidents and Occupational diseases".

Article 44:

"Article 44. Investigation of workplace accidents, for which employees are exposed to health hazards, incidents, accidents on the way to or from work, and occupational diseases

1. An event at work, for which an employee is exposed to health damage, an accident on the way to or from work must be investigated and the results recorded according to the Workplace accident investigation and registration regulations. The incident is investigated and registered according to the procedures established by the company. The circumstances and reasons of a workplace accident for which the employer was exposed to health hazards and ways to prevent the causes of similar events are determined during the investigation.

2. An event at work, for which the employee suffered damage to his health, but was not gravely injured, an accident on the way to or from work are investigated by the bilateral committee approved by the order of the representative or another document, consisting of the representative(s) of safety and health of the employer (appointed by the employer's representative) and the employee.

3. The event at work, for which an employee suffers damage to his health or dies, is investigated by the State Labour Inspectorate, in the presence of representatives of safety and health of the employer and the employee. The State Labour Inspectorate shall also investigate the accident at work, for which the employee has suffered damage to his health, but was not gravely injured, and an accident on the way to or from work, when there is not enough staff at the company for a bilateral committee referred to in paragraph 2 of this Article, or when the employer or the employee in disagreement with the investigation act of the workplace accident or the accident on the way to or from work investigated by the bilateral committee submits a complaint to the chief state labour inspector.

4. An event at work, for which the employee suffers damage to his health or dies from work-unrelated illness or in an attempt to kill himself when violence is used against him, if the circumstances and motives of the violent act are unrelated to work, when an employee makes a criminal offence or arbitrarily (without employer’s knowledge) works for himself (his own interests), is not recognized as a workplace accident.

5. A case of occupational disease must be investigated, the findings of occupational disease cause investigation and confirmation must be listed in the investigation act of occupational disease cause and the confirmation act of an occupational disease according to the procedure determined in the Occupational disease investigation and registration regulations.

6. An employee or an authorized person may take part in the investigation of the event at work, which results in harm to health, or accident on the way to or from work, or occupational disease, has the right to access the investigation file, must get the investigation act of the workplace accident, or accident on the way to or from work, or causes of occupational disease and the act of occupational disease confirmation.

7. If the employee or the employer disagrees with investigation acts of the accident at work, or an accident on the way to or from work, or causes of occupational disease, he can appeal to the chief state labour inspector. Chief state labour inspector's decision on the requests, which appealed against the investigation acts of the accidents at work, or an accident on the way to or from work, or causes of occupational disease may be appealed to the Court of Administrative Proceedings in accordance with law.

9. The event at work for which an employee incurs damage to his health, or for which 3 or more employees died, are investigated by a committee. The chairman of this committee is the the chief state labour inspector; the members: chief state labour inspector deputy, Head of State Labour Inspectorate Territorial Division and 2 labour inspectors of this division. During the investigation, the representatives of the employer and of the employee must participate.

10. Acute occupational diseases for which 3 or more employees died are investigated by a committee. The chairman of this committee is the the chief state labour inspector; the members: the head (or his deputy) or his appointed representatives of the National Public Health Centre under the Ministry of Health, the head of State Labour Inspectorate Territorial Department, the inspector of the State Labour Inspectorate Territorial Department. During the investigation, the representative of safety and health of the employer and of the employee must participate.

Article 45, paragraph 5:

"5. All events at work, for which the employee is exposed to health hazards, accidents on the way to or from work, and occupational diseases are registered according to the regulations of workplace accident investigation and registration, and the occupational diseases investigation and registration."