In Liechtenstein, the core principles and provisions for employee health and safety are outlined in three main laws. The Labor Law (Arbeitsvertragsgesetz; ArtG) governs the contractual relationship between employers and employees, including sections on the employer's responsibility to provide safe working conditions and the employees' obligations regarding health and safety. The Employment Act (Arbeitsgesetz: ArG) specifies in detail regulations regarding working conditions, health and safety measures, working hours, breaks, and vacation entitlements. The Act on Equal Treatment (Gesetz über die Gleichbehandlung von Frau und Mann; GIBG) aims to eliminate discrimination based on gender, among other factors, in the workplace, ensuring equal opportunity and protection from harassment.

Employer Obligations

Employers in Liechtenstein have a comprehensive set of legal obligations regarding the health and safety of their workers. These include carrying out thorough risk assessments of all potential hazards and dangers in the workplace and taking the necessary preventative measures to mitigate risks. They must provide safety equipment, protective gear, and maintain a safe workspace. Employers are also required to educate and train employees on workplace safety procedures and safe work practices. They must maintain records of work-related accidents and injuries, provide adequate first aid supplies and facilities, and ensure some employees have first-aid training. Employers must also actively involve employees or their representatives in health and safety matters, including risk assessments and the development of protective measures.

Employee Rights and Responsibilities

Employees in Liechtenstein also have several rights and duties regarding workplace health and safety. They can refuse tasks they reasonably believe pose a serious and imminent risk to their health or safety. Employees have the right to be informed about workplace hazards and the measures in place to protect them. They must actively cooperate with the employer in fulfilling safety measures and follow established safety procedures. Employees are also expected to promptly report accidents, injuries, and unsafe conditions to the employer.

Specific Health and Safety Regulations

Liechtenstein has detailed rules for specific hazards and industries. Some notable areas include construction safety, with specific regulations governing the construction sector to address issues like fall prevention, work at heights, and scaffolding safety. There are strict regulations on the handling, storage, and disposal of hazardous chemicals and substances. Employers must take measures to mitigate excessive noise levels that could damage workers' hearing. Regulations are also in place to minimize risks from repetitive strain injuries and poor posture in office settings.

Enforcement and Oversight

The Office of Economic Affairs (Amt für Volkswirtschaft) is the primary authority responsible for ensuring compliance with labor legislation, including health and safety regulations in Liechtenstein. They have the power to conduct inspections, issue improvement notices, and impose fines or sanctions for violations of health and safety standards.

Occupational health and safety standards and practices in Liechtenstein are comprehensive, covering various aspects of the workplace environment, safety equipment, employee training, specific industry hazards, employee involvement, and monitoring.

Workplace Design and Environment

The Office of Economic Affairs provides guidelines on workplace design, emphasizing sufficient workspaces, proper ventilation, adequate lighting, and measures to prevent musculoskeletal disorders due to poor workstation setup. The Employment Act mandates the maintenance of comfortable temperatures and good indoor air quality. It also sets specific noise limits for workplaces, requiring employers to implement measures like noise-reducing barriers, equipment modifications, or providing hearing protection where necessary.

Safety Equipment and Protective Measures

Employers are obligated to provide suitable Personal Protective Equipment (PPE) free of charge whenever workplace hazards cannot be entirely eliminated through other means. Machinery and equipment must have built-in safeguards and emergency stop mechanisms to prevent accidents. Buildings are required to adhere to fire safety standards with fire prevention systems in place, clear escape routes, and regular fire drills.

Employee Training and Education

Employers must provide initial and ongoing safety training relevant to job-specific hazards, safety procedures, and the correct use of PPE. Employees have the right to be fully informed about risks present in the workplace and the corresponding protective measures. Regulations require readily available first aid kits, along with a designated number of employees trained in first aid procedures proportional to the workforce size.

Specific Industries and Hazards

The construction industry has detailed safety regulations due to its higher risk profile. Strict regulations govern the use, storage, labeling, and disposal of hazardous chemicals. For healthcare settings and other industries with exposure to biological hazards, Liechtenstein enforces protocols to control infection risks, bloodborne pathogen handling, and the correct disposal of biomedical waste.

Employee Involvement and Consultation

For larger companies, establishing a joint health and safety committee with employee representatives is often required. These committees contribute to risk assessments, safety planning, and incident investigations. Employees are encouraged to report safety concerns or unsafe practices to their employers or directly to the Office of Economic Affairs.

Monitoring and Enforcement

The Office of Economic Affairs conducts workplace inspections to ensure compliance with health and safety standards. Employers must accurately document and report workplace injuries and illnesses. These records help in analyzing trends and improving safety measures.

Workplace inspections are a critical tool used by organizations to ensure compliance with safety regulations, identify potential hazards, and provide education and guidance on safety best practices. These inspections are comprehensive, covering a wide range of health and safety aspects such as the physical workplace, hazard control measures, chemical safety, occupational hygiene, and documentation and training.

Inspection Criteria

Workplace inspections cover various aspects, including:

• Physical Workplace: This involves examining building structures, equipment, machinery, workspaces, ventilation, lighting, and emergency exits.
• Hazard Control Measures: Inspections evaluate risk assessments, safety equipment, availability of personal protective equipment (PPE), machine guarding, and hazard control protocols.
• Chemical Safety: Inspectors assess storage, labeling, handling, and disposal practices for hazardous chemicals.
• Occupational Hygiene: This includes assessing noise levels, air quality, temperature control, and ergonomic work practices.
• Documentation and Training: Inspectors review safety training records, accident and incident reports, first aid provisions, and employee awareness of safety regulations.

Inspection Frequency

The frequency of workplace inspections is not strictly mandated. Instead, a risk-based approach is used to prioritize inspections. High-risk industries, such as construction or manufacturing, are likely to face more frequent inspections. Complaints about unsafe conditions or specific incidents can also trigger targeted inspections. Even in lower-risk industries, companies can expect periodic inspections as part of routine monitoring efforts.

Follow-Up Actions

The results of a workplace inspection can lead to several potential outcomes:

• Clean Bill of Health: If the workplace has no or only minor, easily rectified issues, the inspector may provide recommendations and close the inspection.
• Improvement Notices: For more significant violations, the inspector will issue an improvement notice that specifies the deficiencies and sets a deadline for corrective action.
• Fines and Sanctions: In cases of serious or repeated non-compliance, the organization can impose fines or even order work stoppages until safety standards are met.
• Prosecution: In rare instances of severe negligence or willful endangerment, employers can face criminal prosecution.

Importance of Cooperation

Employers are expected to fully cooperate with inspectors. This includes providing access to all areas of the workplace, documentation, and facilitating interviews with employees if necessary. Obstructing an inspection can result in additional penalties.

Employers are legally obligated to report serious workplace accidents and fatalities to the Office of Economic Affairs immediately. Less severe accidents must still be reported promptly, usually within a few days. Employers must maintain an internal register or logbook documenting all work-related accidents and injuries, regardless of severity. Reporting the accident to the relevant occupational accident insurance provider is mandatory.

Investigation Processes

The employer has the primary responsibility to investigate workplace accidents internally. The goal is to identify the root cause, contributing factors, and to implement corrective measures to prevent future occurrences. The Office of Economic Affairs may launch their own investigation, particularly with serious accidents. They have the authority to interview witnesses, gather evidence, and issue sanctions if necessary. Employees are generally expected to cooperate in accident investigations, providing truthful information about the incident and surrounding circumstances.

Compensation Claims

Liechtenstein's system of mandatory occupational accident insurance provides compensation for work-related injuries and illnesses. This insurance covers medical expenses, rehabilitation costs, lost wages, and disability benefits. All employees, regardless of their role or industry, are generally covered under this occupational accident insurance scheme. Employees usually file claims through their employer, who then works with the insurance provider to process the claim. Disputes can be mediated or resolved through the Liechtenstein court system. While the mandatory accident insurance is the primary form of compensation, in some cases where the employer's gross negligence is proven, employees may pursue additional civil claims for damages outside the standard insurance scheme.

Key Points to Remember

Prompt reporting of accidents is vital to initiate investigations and the compensation claim process. Thorough accident investigations help prevent similar occurrences in the future. Liechtenstein's system focuses on no-fault compensation for injured workers through a mandatory insurance scheme.