Government Supports Several Proposals by the Estonian Chamber of Commerce and Industry to Simplify Occupational Health and Safety Legislation

The Government of the Republic of Estonia supports several proposals made by the Estonian Chamber of Commerce and Industry to amend the Occupational Health and Safety Act, which will bring significant simplifications for businesses.

What Are the Key Changes?
In April, the Chamber submitted 30 proposals to the Ministry of Economic Affairs and Communications aimed at reducing bureaucracy in the Occupational Health and Safety Act. Below are the key changes and simplifications proposed by the Chamber that have received approval:

• Applicability of the Law: In general, the Occupational Health and Safety Act will not apply to companies where the sole employee is a member of the management board, similar to the rules for sole proprietors.
• Office Worker Safety: Office-based businesses may use a safety video produced by the Labour Inspectorate to mitigate risks.
• Risk Assessment: Micro-enterprises are not required to compile or upload their risk assessment in the Labour Inspectorate's information system (TeIS), but may do so voluntarily.
• Internal Audits: The requirement for internal audits will be repealed, as adherence to occupational health and safety requirements is already part of standard business practices.
• Safety Instructions: The obligation to draft separate safety instructions for tasks will be removed if the risk assessment or tool-specific safety instructions already serve that purpose.
• Employee Training and Briefings: Training and briefing requirements will be harmonized to avoid double registration.
• Personal Protective Equipment (PPE): Employers will no longer be required to keep detailed records of issued PPE but must ensure and be able to prove that the necessary equipment has been provided.
• Work Environment Specialist and Representative: Employers will no longer need to notify the Labour Inspectorate about appointed safety specialists or elected safety representatives but can still do so via TeIS if they wish. Safety representative elections and the formation of safety councils will be based on employees’ majority will.
• First Aid Provider: Clarifications will specify when a designated first aid provider is not required (e.g., when all employees work alone), including in hospitals.
• Occupational Health Analysis: Micro-enterprises will not be required to commission a comprehensive occupational health analysis.
• Medical Examinations: The first health check must be conducted within two months after the end of the probation period or within four months of starting work if no probation period applies.
• Accident Report: Employers will be allowed to inform employees about an accident report via the TeIS system.
• Alcohol Testing: Employers may test an employee’s sobriety if there is justified suspicion.
• Penalizing Employees: The Labour Inspectorate will be granted the authority to fine employees who fail to properly use personal protective equipment.

Proposals Still Under Discussion
In addition to the changes already approved by the government, discussions are ongoing in other ministries regarding amendments and simplifications to requirements related to the provision of occupational health services. One of the major issues highlighted by the Chamber is the continued shortage of occupational health doctors. To alleviate this, the Chamber suggests that, under certain conditions, employers should be allowed to send employees for medical examinations to their general practitioners.

It is currently unknown when the proposed changes will come into effect. The draft law amending the Occupational Health and Safety Act is expected to be completed in the autumn.