The Riigikogu adopted several Chamber proposals to reduce bureaucracy in occupational health and safety

On 30 September, the Riigikogu adopted amendments to the Occupational Health and Safety Act aimed at simplifying working environment rules, reducing bureaucracy and clarifying employers' responsibilities. Once the Act enters into force, the amendments are estimated to save companies €22.6 million per year.

Several proposals to reduce the burden on employers are set to be included in the Act from among the Chamber's thirty proposals for amendments. For example, in future, employers will have to arrange an employee's medical examination within six months of the employee starting work, instead of the current four months, and the Occupational Health and Safety Act will no longer apply in full to one-person companies.

Simpler requirements will apply to one-person companies
As a result of the Chamber's proposal, the Occupational Health and Safety Act will no longer apply in full to companies in which the sole shareholder, sole management board member and sole employee of a private limited company are the same person. For example, in such a case, the person will no longer have to prepare a risk assessment and safety instructions for themselves or undergo a medical examination by an occupational health doctor. However, certain requirements will remain applicable as exceptions, such as the obligation to ensure that work equipment, personal protective equipment and other devices are in good condition and are used properly in every working situation. The current Act does not provide for such an exception.

The obligation to conduct internal monitoring will be abolished
As a result of our proposal, the obligation to conduct internal monitoring of the working environment will be abolished. Under current law, employers are obliged to carry out systematic internal monitoring of the working environment, during which the occupational health and safety situation in the company is planned, organised and monitored. Employers are also currently obliged to review the arrangements for internal monitoring and analyse its results every year. The amendment does not exempt employers from the general obligation to ensure a safe working environment and monitor changes in the working environment, or from carrying out a risk assessment. Instead, it simplifies the regulation, giving companies greater flexibility in organising occupational safety.

Initial medical examinations must in future be carried out within six months
The Chamber's proposal to extend the period for conducting the initial medical examination has been included in the Act. In future, employers must arrange an employee's medical examination no later than six months after the employee starts work, instead of the current four months. In higher-risk jobs, the medical examination must still be carried out before the employee starts work.

Requirements for analysing the occupational health situation will be eased
At the Chamber's proposal, the requirements for analysing the occupational health situation have been eased. Under the amendments, employers whose companies permanently employ fewer than ten people will not have to arrange such an analysis. Under the current Act, all companies must do so.

Requirements for appointing first aiders will be simplified
As a result of the Chamber's proposed amendments, simplified requirements for appointing first aiders are set to be included in the Act. Under the amendments, employers will not have to appoint a first aider if the company's employees work alone or if employers operating in a shared working environment agree on joint first aid arrangements. In addition, healthcare service providers will no longer have to appoint a first aider. Under current law, employers must appoint at least one first aider from among their employees, taking into account the number of employees, the frequency of health damage, the company's geographical distribution and the nature of its activities.

The election of working environment representatives and working environment councils will become voluntary
As a result of the Chamber's proposed amendment, the position of working environment representative and the working environment council will become voluntary. Under the amendments proposed in the draft act, an employer must organise an election for a working environment representative if at least ten per cent of the employees of the company, its structural unit or shift express a wish to elect one. In future, a working environment council will be formed at the employer's initiative or if at least 10% of the company's employees express a wish to establish one.

Employers' ability to check whether employees are intoxicated will be clarified
A clear legal basis for checking intoxication will be added to the Act. Compared with the current Act, the Chamber's proposal makes it clearer that employers also have the right to check whether employees of subcontractors and contractual partners are under the influence of alcohol, narcotic or toxic substances or psychotropic substances if they come into contact with a source of increased danger or work in an area associated with such sources. For example, if company A establishes a procedure for checking employees for intoxication under its internal rules, but employees of partner company B and service provider C also work in the working environment, company A may also check the employees of B and C to ensure safety, provided that the employees of B and C were informed of these measures before starting work.

Not all companies will have to upload a risk assessment in future
As a result of the amendments, companies with fewer than ten employees will not have to upload their working environment risk assessment to the Labour Inspectorate's working environment database or submit it to the Labour Inspectorate, or arrange an analysis of their occupational health situation. All employers will still be obliged to prepare a written risk assessment document. If an employer with fewer than ten employees does not submit the risk assessment to the working environment database, it must present the risk assessment to a labour inspector during supervision.

The requirement for safety instructions for work performed will be abolished
The amendments will repeal the obligation to prepare safety instructions for the work being performed, retaining only the obligation to prepare safety instructions for the work equipment used. Exceptions are provided under which safety instructions for work equipment need not be prepared if the manufacturer is not required under applicable legislation to prepare an operating manual for the equipment, or if the manufacturer's operating manual contains sufficient information on the safe use of the equipment.

Employers will no longer have to notify the Labour Inspectorate of their working environment specialist
In future, employers will not have to notify the Labour Inspectorate of their appointed working environment specialist. Under current law, employers must submit information about the working environment specialist, including their name, position and contact details, to the Labour Inspectorate within ten days of their appointment or election.

Submitting occupational disease and workplace accident reports will become easier
The amendments will allow employers to submit occupational disease and workplace accident investigation reports to the injured person or a person protecting their interests through the working environment database. Under current law, employers must notify the injured person or a person protecting their interests of the results of an occupational disease or workplace accident investigation in writing.

Several Chamber proposals were left out of the draft act
In addition to the amendments adopted by the Riigikogu, the Chamber made several further proposals to amend the Occupational Health and Safety Act, but these were not included in the draft act. An overview of the Chamber's additional proposals:

• Safety instructions should only be necessary if the equipment poses a real danger to employees. Safety instructions should not be required for widely used equipment that is also used, for example, in domestic settings.
• Introduce a provision in the Act allowing external certificates to be recognised for first aid training. For example, if an employee already has a valid first aid certificate (for example, obtained through another accredited training course, such as driving school or voluntary training).
• The obligation to provide information and training concerning hazardous chemicals should not apply if an employee uses household chemicals or very small quantities of chemicals in the course of work.
• For low-risk workplaces (such as office work), the current risk assessment requirement should be abolished. Instead, companies could be given a list of specific obligations that employers must fulfil to ensure safety in the working environment and, if necessary, confirm that they have complied with these requirements.
• Companies belonging to the same group that are physically located on the same premises and whose employees work on those premises could be allowed to use the same risk assessment, as the working environment hazards would be the same in such a case and preparing duplicate risk assessments is burdensome and unreasonable for employers.
• A risk assessment should not be required for working from home.
• Where working environment hazards are relatively simple (for example, for office workers), employers could also be allowed to send their employees for a medical examination by the employees' family doctors (as part of a routine visit).
• Employers should not have to, or be obliged to, send employees for a medical examination by an occupational health doctor if the employees' main job is with another company.

The proceedings concerning the draft act in the Riigikogu can be viewed HERE. The amendments will enter into force under the general procedure, that is, on the tenth day after publication in the Riigi Teataja. It is not yet known when the amendments will enter into force, but they are expected to do so this year. If you have any further questions about the amendments to the Occupational Health and Safety Act, please contact us at juristid@koda.ee