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Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 115 (radiation), 119 (guarding of machinery), 120 (hygiene (commerce and offices) and 155 (OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Article 7 of the Convention. Review of the situation regarding occupational safety and health at appropriate intervals. In its previous comment, the Committee requested the Government to provide information on the results of the implementation of the Plan for the Development of the Labour Protection Field 2011–13 and the planning document of the Ministry of Welfare taking into account the situation in the country and the objectives and challenges in the context of the European Union Strategic Framework on Health and Safety at Work 2014–20. It notes that the Government indicates that the current National OSH Strategy is composed of the Strategy for the Development of the Labour Protection Field 2016–2020, the Strategic Action Plan 2016–2018 and the Strategic Action Plan 2019–2020 and that its main objective is to reduce the number of serious and fatal occupational accidents, prevent occupational diseases and increase the level of public awareness of occupational safety and health. The Committee further notes the Government's indication that according to the informative report on the interim evaluation of these measures, the activities and measures set out in the Strategic Action Plan 2016–2018 have contributed to improving the situation in the field of labour protection, especially in terms of raising public awareness and reducing the number of serious and fatal occupational accidents. In addition, the Committee notes the Government's indication that the European Social Fund project “Practical Application of Regulatory Enactments Regarding Employment Relationship and Occupational Safety” will continue until 2023 and aims to improve OSH in enterprises, in particular in high-risk industry. The project includes support for small and medium-sized enterprises, as well as for the assessment of risks in the work environment. Noting the Government's indication that the National Strategy documents are regularly evaluated, the Committee requests the Government to provide detailed information on the results of the implementation of the Strategy for the Development of the Labour Protection Field 2016–2020, the Strategic Action Plans for 2016–2018 and 2019–2020, as well as the result of the European Social Fund project in small and medium-sized enterprises.
Article 12(c). Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. Further to its previous comments, the Committee notes the Government’s reference to sections 31 and 37 of the Cabinet of Ministers Regulation No. 195 of 2008 Regarding the Safety of Machinery which establishes the manufacturer's obligation to carry out the necessary research of the components, equipment and machinery to determine whether, by its design or construction, it is possible to assemble the machinery and use it safely. The Committee notes that the aforementioned provisions refer exclusively to the manufacturer's obligation in relation to equipment and machinery. It therefore requests the Government to provide information on the manner in which it is ensured that those who design, import, provide or transfer machinery, equipment or substances for occupational use undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b).
Application of the Convention in practice. With reference to its previous request concerning measures to address the increase in the number of occupational accidents, the Committee notes the Government's indications that since 2015, the State Labour Inspectorate (SLI) has increased the number of preventive inspections during which it is possible to provide consultation to employers on the measures to be taken to improve the working environment. It also notes the Government's indications on the conduct of thematic inspections covering 600 enterprises in the most dangerous sectors and the intensification of inspections of specific risks in the working environment which allow to reduce the risk of accidents. It further notes the implementation of preventive campaigns, the organization of seminars for employers, workers and labour protection specialists and the publication of informative resources on occupational safety and health. The Committee also notes that the number of occupational accidents and diseases continues to increase since 2015 while the number of fatal accidents remains substantially unchanged. In this connection, the Committee requests the Government to take the necessary measures and intensify its efforts to reduce the number of occupational accidents and diseases and to provide information on the measures taken, the outcome of these measures, as well as on the statistics reported.

B. Protection against specific risks

1. White Lead Convention, 1921 (No. 13)

Article 7 of the Convention. Statistics. Application of the Convention in practice. Further to its previous comments, the Committee notes the Government's indication that according to the information provided by the Centre for Disease, Prevention and Control, there were 178 deaths due to poisoning and chemical exposure during the period from 2014 to 2020. The Committee notes, however, that the Government does not specify whether these deaths were directly caused by lead or its compounds. It also notes that while the Government does not refer to statistics on morbidity in relation to lead poisoning or measures taken to reduce the number of cases of occupational diseases concerned, the Government refers to a number of legislative measures that prevent the danger arising from the use of white lead in accordance with Articles 5 and 6 of the Convention. In particular, the Committee notes the 2015 amendment to the Cabinet Regulation No. 219 of 2009 “Procedures for the Performance of Mandatory Health Examinations”, which sets out specific requirements for health examinations in Annex 2; the adoption and subsequent amendments to Cabinet Regulation No. 131 of 2016 “Industrial Accident Risk Assessment Procedures and Risk Reduction Measures”, which prescribes the notification of industrial accidents to the State Environmental Service (section 100), as well as the conduct of inspection of establishments (Chapter X); and the 2020 amendment to the Chemical Substances Law of 1998, which now provides for the application of administrative offences in the field of chemical substances and mixtures (section 19). The Committee requests the Government to provide information on the application of the Convention in practice, including statistical information on cases of lead poisoning among working painters, indicating, in particular, morbidity and mortality due to lead poisoning, as well as on the number of inspections carried out, the outcome of these inspections, and the number of the contraventions reported.

2. Radiation Protection Convention, 1960 (No. 115)

Article 1 of the Convention. Laws and regulations. The Committee notes the Government’s reference in its report to the 2018 amendment to the Cabinet of Ministers Regulation No. 1284 of 2013 “Procedures for Control and Registration of the Exposure of Workers” which sets a maximum permissible dose of ionizing radiation of 500 mSv received in certain parts of the body (section 25.4) and establishes conditions for the calibration and workplace monitoring of individual dosimeters (Annex 1). It also notes the adoption of Cabinet of Ministers Regulation No. 65 of 2021 “Regulation for the Notification, Registration and Licensing of Activities with Sources of Ionizing Radiation”, following the repeal of Cabinet of Ministers Regulation No. 752 of 2015.
Article 14. Employment involving exposure to ionizing radiation contrary to medical advice. Alternative employment. In its previous comments, the Committee referred to the terms of paragraph 58 of Cabinet Regulation No. 219 of 2009 regarding the procedures for conducting mandatory health examinations, according to which if a health examination shows that a worker is not suited for the work to be performed, an employer shall provide the worker with working conditions without the specific factor of the work environment that is harmful to their health. In this regard, the Committee requested the Government to provide information on any monitoring undertaken with respect to the employers’ obligation under the above provision for workers for whom it has been determined that it is medically inadvisable to continue work involving exposure to ionizing radiations but who have not been diagnosed with an occupational disease. The Committee notes that the Government indicates that the SLI does not have specific information on measures taken by employers with respect to workers exposed to ionizing radiation. It also notes the Government's indication in response to the Committee's previous request on the coverage of the compensation scheme, that it applies to cases in which the occupational disease has been declared. It notes that the compensation prior to the declaration of an occupational disease corresponds to the period of investigation by the medical commission for occupational diseases, which becomes effective once the occupational disease has been declared. The Committee wishes to draw the Government’s attention to paragraph 40 of its 2015 general observation which indicates that employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances in which it has been determined that workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure. In this regard, the Committee requests the Government to ensure, in accordance with paragraph 58 of Cabinet Regulation No. 219, that suitable alternative employment opportunities, not involving exposure to ionizing radiations, be provided to workers for whom it has been determined that, for health reasons, they may no longer continue to be employed in work by reason of which they could be subject to occupational exposure.

3. Guarding of Machinery Convention, 1963 (No. 119)

Legislation. Further to its previous comments, the Committee notes the information provided by the Government on the legislative measures adopted in relation to the application of the Convention. In this respect, the Committee notes the 2015 amendment to the Cabinet of Ministers Regulation No. 660 of 2007 “Procedures for the Performance of Internal Supervision of the Work Environment” specifying the requirements relating to the inspection of rotating and moving parts of machinery (Annex 1). It also notes that Cabinet of Ministers Regulation No. 209 of 2016 “Regulation on Electrical Safety for Equipment”, which repeals Cabinet of Ministers Regulation No. 187 of 2000, sets out detailed requirements for equipment (Part 2), obligations of the manufacturer (Part 3.1) and of the distributor (Part 3.4). The Committee further notes the 2019 amendment to the Labour Protection Law of 2001, which extends the scope of application of this Law to self-employed workers (section 2) and regulates administrative violations (Chapter VI), as well as the 2019 amendment to the Law on Technical Supervision of Dangerous Equipment of 1998, which prescribes the obligation to record information obtained during the inspection of hazardous equipment (section 11). Lastly, it notes the Government’s indication that following the expiration of the Latvian Administrative Violations Code of 1984, subsequent amendments concerning violations and competent institutions were introduced to the Law on Technical Supervision of Dangerous Equipment of 1998 (Chapter VII) and the Law on Conformity Assessment of 1996 (Chapter VIII).
Application of the Convention in practice. With reference to its previous request concerning measures to address the increase in the number of occupational accidents and diseases, the Committee notes the Government's indications on the implementation of preventive campaigns, as well as the conduct of the 2019 thematic inspection focusing on the safe use of equipment in the woodworking, food production and metal industry. The Committee refers to its comment above under Convention No. 155.

C. Protection in specific branches

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 12 of the Convention. Supply of wholesome drinking water to workers. Further to its previous comments in this regard, the Committee notes the Government's indications that in workplaces, water supplied to buildings is used for consumption and that its compliance with drinking water requirements is controlled in accordance with Cabinet of Ministers Regulations No. 671 of 2017 “Mandatory Harmlessness and Quality Requirements for Drinking Water, and the Procedures for Monitoring and Control Thereof”. The Committee notes that these Regulations apply to trade and use in food production (section 2). It notes, however, that its scope of application does not cover offices. The Committee requests the Government to indicate how it is ensured that wholesome drinking water or some other wholesome drink is provided to workers in offices.
Article 14. Suitable seats supplied to workers. With reference to its previous comments on surveillance measures taken to enforce the provision of suitable seats to workers and opportunities to use them, the Committee notes that the Government indicates that the SLI monitors all workplaces and verifies both the risk assessment of the work environment and the measures taken by the employer, including measures where the worker has the opportunity to sit down. In this regard, it notes that the SLI monitors workplaces in relation to the prevention of ergonomic risks and musculoskeletal diseases. The Committee takes note of this information, which addresses its previous request.
Article 6. Inspection and statistics. Application of the Convention in practice. Further to its previous comments, the Committee notes the statistical data provided by the Government, including the number of violations detected by the SLI and the number of occupational diseases reported. It notes that while the number of violations decreased from 2,871 in 2015 to 1,744 in 2019, the number of occupational accidents due to unsatisfactory workplace conditions increased from 102 in 2015 to 125 in 2020. Noting that the Government provides general information regarding OSH statistics, the Committee requests the Government to provide specific information on the manner in which the Convention is applied in practice, including the number, nature and cause of reported occupational accidents and cases of occupational disease in trading establishments and establishments, institutions and administrative services in which the workers are mainly engaged in office work.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 7 of the Convention. Review of the situation regarding occupational safety and health at appropriate intervals. The Committee notes the information provided by the Government indicating that the Labour Protection Law prescribes that the Ministry of Welfare is responsible for the coordination of labour protection issues at the national level, and that issues related to the assessment of the labour protection situation are also examined by the National Tripartite Cooperation Council and the Labour Affairs Tripartite Cooperation Subcouncil. Furthermore, the Committee notes the Government’s indication that in 2008 the “Guidelines for the Development of the Labour Protection Field 2008–13” were adopted by means of Cabinet Order No. 213 of 17 April 2008, and the “Plan for the Development of the Labour Protection Field 2011–13” was developed to ensure the implementation of these guidelines. The Committee also notes the information provided by the Government that the Ministry of Welfare is aiming to develop a planning document, taking into account the current situation within the country, as well as the strategic objectives and challenges referred to in the European Commission communication of 6 June 2014 on an European Union Strategic Framework on Health and Safety at Work 2014–20. This includes issues relating to the implementation of labour protection in small and medium-sized enterprises; prevention of work-related diseases by addressing the impact of both existing and emerging working environment risk factors, and ageing of the working population. The Committee requests the Government to provide detailed information on the results of the implementation of the aforementioned measures.
Article 12(c). Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee notes the Government’s indication that the regulatory enactments do not prescribe a mandatory duty for producers or importers to perform scientific studies in order to ascertain the safety of goods or equipment. The Committee requests the Government to take all necessary legislative measures in order to give full effect to Article 12(c) of the Convention, and keep the Committee informed of developments in this regard.
Application of the Convention in practice. The Committee notes the statistical information provided by the Government concerning the number of employees in undertakings, institutions and organizations supervised by the state labour inspectorate. The Committee notes that these figures indicate an increase in the number of occupational accidents, but a decrease in the number of occupational diseases during the reporting period (2009–14). The Committee requests the Government to provide information on the measures undertaken or envisaged to address the increase in the number accidents and to continue to provide information on the practical application of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 7 of the Convention. Review of the situation regarding occupational safety and health at appropriate intervals. The Committee notes the information provided by the Government indicating that, with regard to the enterprise level, sections 5 and 8 of the Labour Protection Law require an employer to perform a risk assessment of the work environment, and that the procedures for such an evaluation are prescribed by Regulation No. 660 of 2 October 2007. The Committee reiterates its request that the Government indicate the legislative provisions prescribing a review, at the national level, of the occupational safety and health situation by the National Tripartite Coordination Council and Labour Affairs Tripartite Coordination Sub-Council; and to provide information about the procedure for the review, and specify the intervals at which they take place. The Government may find useful guidance on this in paragraphs 54–59 and 76–78 of the 2009 General Survey concerning this Convention.

Article 12, subparagraph (c). Studies and research by manufacturers, importers and providers of machinery, equipment and substances necessary to ensure their safe use and to give correct information about this use. The Committee notes the Government’s reference to the requirement that an employer observe the general labour protection principles in accordance with the Labour Protection Law to ensure that machinery, equipment or substances are not dangerous to the safety or health of a person using them. The Committee reiterates its requests that the Government indicate the measures undertaken or envisaged to ensure that persons who design, manufacture, import or transfer machinery, equipment or substances for occupational use, undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with subparagraphs (a) and (b) of this Article. The Government may find useful guidance on this in paragraph 168 of the abovementioned General Survey concerning this Convention.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the number of employees in undertakings, institutions and organizations supervised by the State Labour Inspectorate. The Committee notes that the number of accidents and the number of occupational diseases reported has increased since 2004. The Committee asks the Government to provide information on the measures taken or envisaged to address this increase; and to continue to provide information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the detailed information provided by the Government in its reports. The Committee requests the Government to supply clarifications and supplementary information with respect to the following points.

Article 7. Review of the situation regarding occupational safety and health at appropriate intervals. The Committee takes note of the reference made by the Government in its report to a review of safety and health issues which takes place at the National Tripartite Coordination Council and Labour Affairs Tripartite Coordination Sub-Council. The Committee requests the Government to indicate legislative provisions prescribing such a review, to provide information about the procedure for the review and to specify the intervals at which they take place.

Article 12(c). Studies and research of manufacturer, importer and provider of machinery, equipment and substances necessary to ensure their safe use and to give correct information about this use. The Committee takes note of the Government’s reference to scientific researches performed by the Institute of Occupational and Environment Health as well as to the employment’s obligation to perform labour protection measures taking into account technical, hygiene and medical developments. The Committee requests the Government to indicate the national legislative provisions or practical measures to ensure that persons who design, manufacture, import or transfer machinery, equipment or substances for occupational use undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with subparagraphs (a) and (b) of this Article.

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