In Lithuania, the main legal framework for health and safety is established by the Labour Code of the Republic of Lithuania and the Law on Safety and Health at Work (No IX-1672). The Labour Code provides the foundational legal framework for all labor relations, including health and safety provisions. The Law on Safety and Health at Work is the central piece of legislation dedicated specifically to health and safety. It outlines fundamental principles, employer and employee responsibilities, risk assessment procedures, and preventive measures.

Responsibilities of Employers

Employers in Lithuania have a broad range of responsibilities under health and safety legislation:

• Duty of care: Employers must guarantee safe and healthy working conditions for all employees.
• Risk assessment: Employers must carry out regular and thorough risk assessments to identify and mitigate workplace hazards.
• Preventive measures: Employers are obligated to implement appropriate preventive measures based on risk assessment findings. These measures may include technical improvements, safety procedures, and personal protective equipment (PPE).
• Information and training: Employers are required to provide employees with adequate health and safety information and training, covering relevant hazards, safety protocols, and emergency procedures.
• Consultation and participation: Employers must involve employees or their representatives in health and safety decision-making and risk management processes.
• First aid and emergency procedures: Employers must have provisions for first aid, emergency response, and accident reporting.
• Health surveillance: For certain occupations involving specific risks, employers may need to arrange appropriate health surveillance for workers.

Rights of Employees

Employees in Lithuania have the following rights under health and safety laws:

• Safe and healthy workplace: Every employee has the fundamental right to work in conditions that don't present undue risks to their health and safety.
• Information and training: Employees must receive clear health and safety information and training pertinent to their jobs.
• Refusal of dangerous work: Employees may refuse work they believe poses a serious and imminent danger to themselves or others, without facing repercussions.
• Participation: Employees or their representatives have the right to participate in health and safety decision-making and consultation processes.

Enforcement and Oversight

The State Labour Inspectorate under the Ministry of Social Security and Labour is the primary agency responsible for enforcing health and safety legislation in Lithuania. They have the power to conduct inspections and investigations, issue improvement notices or fines for non-compliance, and order work stoppages in cases of severe danger.

Occupational health and safety (OHS) is a crucial aspect of any workplace. It involves the implementation of measures and systems designed to ensure the safety and health of employees in the workplace. The key regulatory framework for OHS in Lithuania includes the Labour Code of the Republic of Lithuania, the Law on Safety and Health at Work (No IX-1672), European Union Directives on Safety and Health at Work, and Government Resolutions and Orders.

Employer Responsibilities

Employers have a significant role in maintaining workplace safety. They are required to conduct comprehensive risk assessments to identify hazards and implement appropriate preventive measures. This includes providing personal protective equipment (PPE), training, and regular hazard control checks. Employers are also responsible for providing safety training, informing employees about risks, and ensuring understanding of safety procedures.

In addition, employers are obligated to report accidents and occupational diseases. They must also arrange occupational health services to monitor employee health, conduct medical examinations where necessary, and advise on workplace health risks. Furthermore, employers must engage in meaningful consultation with workers or their representatives regarding OHS matters.

Employee Rights

Employees have several rights related to OHS. They have the right to work in a hazard-free environment and can refuse hazardous tasks without fear of reprisal. Employees are also entitled to receive OHS information and training. Moreover, they have the right to participate in OHS matters through representatives or safety committees.

Focus Areas

There are several focus areas in OHS. Regulations are in place to manage the storage, use, and labeling of hazardous chemicals. The construction sector, being a high-risk sector, has specific regulations addressing falls, machinery hazards, and electrical safety. Measures to prevent repetitive strain injuries and musculoskeletal disorders are increasingly emphasized. Lithuania is also recognizing and addressing psychosocial hazards in the workplace, including stress, workload, and workplace violence/harassment.

The State Labor Inspectorate (SLI) is the primary agency in Lithuania responsible for enforcing workplace safety and health regulations. The SLI has broad authority to conduct inspections, issue citations, and order corrective actions.

Workplace Inspection Criteria

Workplace inspections in Lithuania cover various aspects of occupational safety and health. These include:

• General workplace safety: This involves fire safety, emergency procedures, machine guarding, electrical safety, and hazardous materials handling and storage.
• Ergonomics: This focuses on the prevention of musculoskeletal disorders, workplace design, and work processes.
• Chemical hazards: This includes exposure to toxic substances, labeling, safety data sheets (SDS), and personal protective equipment (PPE).
• Biological hazards: This covers exposure to infectious agents, bloodborne pathogens, and waste disposal.
• Physical hazards: This involves noise, vibration, radiation, and extreme temperatures.
• Psychosocial hazards: This includes workload, work organization, bullying, and harassment.

Inspection Frequency

The frequency of workplace inspections in Lithuania is based on a risk assessment approach. The SLI prioritizes inspections in high-risk industries and workplaces with a history of accidents or violations. High-risk industries include construction, manufacturing, agriculture, and transportation. Workplaces with specific hazards, such as those involving hazardous chemicals, dangerous machinery, or confined spaces, are also prioritized.

Inspection Procedures

Inspection procedures include planning, notification, opening conference, walk-through inspection, document review, closing conference, and report preparation. The SLI develops inspection plans based on risk assessments, complaints, and other relevant information. Employers may or may not receive advance notice of an inspection, depending on the circumstances. The inspector explains the purpose of the inspection and the rights of the employer and employees during the opening conference. The inspector conducts a physical examination of the workplace, observes work processes, and interviews employees during the walk-through inspection. The inspector examines records, such as safety plans, training records, and incident reports during the document review. The inspector discusses preliminary findings and potential violations with the employer during the closing conference. The inspector prepares a written report summarizing the findings and any corrective actions required.

Follow-up Actions

The employer is required to address any violations identified during the inspection within a specified timeframe. The SLI may impose fines or other penalties for serious or repeated violations. Employers have the right to appeal decisions made by the SLI.

In Lithuania, there are specific protocols in place for handling workplace accidents. These protocols ensure that accidents are reported promptly, investigated thoroughly, and that injured workers receive appropriate compensation.

Reporting Requirements

Employers in Lithuania are legally required to notify the State Labour Inspectorate (SLI) immediately in the event of a serious or fatal workplace accident. This includes accidents that result in death, severe bodily injury, or acute occupational poisoning. Following the immediate notification, the employer must submit a written report of the accident to the SLI within a set timeframe. This report should detail the circumstances of the accident, the injuries sustained, and any immediate corrective actions that were taken.

Investigation Processes

The employer is responsible for conducting an internal investigation to determine the root causes of the accident and identify measures to prevent similar incidents in the future. The SLI may also conduct an investigation, particularly in the case of serious or fatal accidents. The SLI investigation may involve interviews with witnesses, a review of documents and records, and on-site inspections. In some severe cases, a special investigative commission may be formed to investigate the causes of the accident further.

Compensation Claims

Injured workers in Lithuania are entitled to compensation for workplace injuries. Workers receive sickness benefits for the period of temporary incapacity due to an accident at work, funded through the social insurance system. In the case of permanent disability, workers may be entitled to disability benefits. If a fatal workplace accident occurs, the deceased worker's family members may be eligible for survivor's benefits. Workers or their families may also pursue civil liability claims against the employer for negligence or intentional misconduct that contributed to the accident.