SLIC WG Review of activities Senior Labour Inspector's Committee (SLIC)

Labour Inspectorates in the EU

2015 May 27, LatviaSLIC Plenary in thAdopted at the 69

Labour Inspectorate of Estonia

1. The contact data of the Labour Inspectorate, e-mail address, web page, phone and fax number

Labour Inspectorate of Estonia

Mäealuse 2/2 (building B), 12618 Tallinn; e-mail: ti@ti.ee

Website: http://ti.ee/en/ Phone: (+372) 640 6000

Scope and objective

2. Please inform if the labour Inspectorate conduct following inspections:

• Inspections related to the Framework directive and the specific directives under the Framework directive

• Inspections due to other directives/regulations - Please specify Answer given in next section.

3. Please describe the context in which labour inspection operates in your country.The answer to this question should help an outsider understand the organisation of the labour inspectorate, and its position in the government and in the health and safety system as a whole. Please bear in mind that the philosophies underlying approaches to labour inspection can also vary between Member States, and identify for future discussion any aspects of your own approach which might be considered unusual in other countries. Give background information on any relevant social, economic and technological issues and factual information and data, for example employment figures in different sectors, accidents and cases of ill health reported, enforcement action taken, number of labour inspectors. Please provide an up-to-date organisation chart.

The Labour Inspectorate is a reliable and dignified government agency operating under the Ministry of Social Affairs. The Ministry of Social Affairs develops and implements the working life and labour market policy to ensure long-term working capacity and employment to the majority of people. Organises the protection of public health as well as medical care.

Overall structure of Ministry of Social Affairs:

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Figure 1. Overall structure of Ministry of Social Affairs

Overall structure of Labour Inspectorate:

Figure 2. Overall structure of Labour Inspectorate

The main tasks of the Estonian Labour Inspectorate are to implement work environment policy, state supervision in the work environment over compliance of the requirements of legislation regulating occupational health and safety and labour relations, to provide information to the general public, workers and employers of risks and hazards in the work environment and settlement of individual labour disputes in extra-judicial labour dispute resolution body. The latter requires a lot of time and energy from the lawyers working at the Labour Inspectorate, but is necessary, as neither Trade Unions, nor other institutions have not assumed such a role. The Labour Inspectorate supervises all fields of activity, irrespective of the size, type or ownership of the institution. The core values of Labour Inspectorate are competence, consideration, ethics and innovation. The Labour Inspectorate is an active provider of information to the entrepreneurs

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and open public concerning labour relations and work environment. The training and information events are organized based on the needs of the clients and provide thus the highest quality. The inspectors are competent, and they provide advice on improvement of work environment, and communicate the best practices. However, when it comes to supervision, the inspectors are demanding and consistent eliminating essential shortcomings. Effective work arrangement provides the inspectors with a better overview of the situation.

The Labour Inspectorate is open to innovation. Information regarding labour relations and labour environment and health and safety in the work place is exchanged with foreign co-operations partners and other international organisations. In addition to the Labour Inspectorate, other state supervisory bodies are involved with the supervision of the work environment within a narrower sphere of competence. The most important bodies are the Estonian Technical Surveillance Authority, the Estonian Rescue Board, the Health Protection Inspectorate, the Radiation Protection Centre, the Plant Production Inspectorate, the Maritime Administration and the Civil Aviation Administration. The overall structure of Labour Inspectorate is divided into five departments – Work Environment, Work Environment Councelling, Labour Relations, Communications, Finance and Administration Department. In addition, there is the Labour Dispute Committee, which is an independent pre-trial labor dispute resolution body, operating beside the Labour Inspectorate of Estonia, while being administratively linked to it. The aim of the Labour Dispute Committee is to resolve disputes arising from employment contract under the conditions and pursuant to the procedure provided in the regulation of employment and in the Individual Labour Disputes Resolution Act. The Work Environment Department is responsible for occupational health and safety issues and the Labour Relations Department is responsible for inspections in the area of labour relations.

Figure 3. Share of employed persons by fields of activity, 2016 (source: Statistics Estonia)

In 2016, the Labour Inspectorate of Estonia was notified of 5,081 work accidents, 4,036 of which were accidents with minor injuries, 1,019 with serious injuries and 26 cases that ended with the death of an employee.

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Figure 4. Registered work accidents and change compared to years 2012-2016

Figure 5. Registered work accidents based on the level of severity

4. Explain how European health and Safety law has been transposed into national law – particularly

the Framework directive.

Risk factors, work environment and work forms causing occupational accidents and therefore decrease of capacity for work of the people differ much by their fields and are constantly changing. Therefore it is necessary to train continuously the servants of the Labour Inspectorate, purchase technical equipment needed for making state supervision more efficient, and implement e-solutions (including automatic control systems), in order to ensure successful implementation of strategic as well as short-term objectives.

A specific risk factor of work environment, namely continuously repeated monotonous movements, is a constantly increasing cause of occupational diseases and disorders caused by work. Repeated monotonous movements cause musculoskeletal disorders and more than half of all cases of occupational diseases. Due to low awareness, employers and employees cannot take account of the risks, which may threaten their health in result of incorrect working positions and repeated monotonous movements. These risk factors remain unnoticed and therefore people are not able to plan correctly the measures to avoid the risks. Also, the awareness of employees of physical overburden and relevant health problems is low. Management of musculoskeletal disorders caused by work is a priority during the period of the development plan.

Proceeding from the EU Strategic Framework on health and safety at work, in 2016-2020 more attention is paid to counseling, training and involvement of micro-, small and medium-sized enterprises, because their awareness and possibilities to contribute to occupational health and safety are often limited. Supervision is

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based on risk assessment, and mainly the companies and organisations with high risk level are inspected. Furthermore, 500 companies are inspected annually on random basis, in order to assess the situation of work environment in Estonian companies. For more information, please see the development plan of the Labour Inspectorate (appended to the questionnaire).

5. Describe the scope of the labour inspectorate, in terms both of its sectoral and functional

responsibilities. Explain how the labour inspectorate relates to other parts of the health and safety and legal systems, and how their resources are decided.

The Labour Inspectorate performs state supervision over compliance with the requirements of legislation regulating labour relations and health and safety at work. Supervision is exercised by different inspection activities, the main ones being general, target or follow-up inspection. In the course of a general inspection visit, compliance with legal acts regulating occupational health and safety and organisation of working and rest time is monitored. The main focus is on the assessment of work environment situation of the enterprise and the employer’s activity in organising the work environment.

The aim of the inspection is to ensure safer working conditions, obtain information on the compliance of enterprises with legal acts, and resulting from the assessment, the working environment situation as a whole in the Republic is analysed.

In the course of a target inspection visit, compliance with the requirements of specific legal acts is monitored. A more specific sector is focused in the case of an enterprise with one or different fields of activity. A target inspection visit can also be motivated by information submitted to the Labour Inspectorate on non-compliance with occupational health and safety requirements, diagnosing work-related diseases, occurrence of an accident at work or hazardous work. In the course of a follow-up inspection, elimination of earlier detected infringements is monitored at the enterprise. In the course of inspection of a new or reconstructed building, the conformity of work environment with the requirements of health and safety at work is monitored. Such inspections are carried out at the request of a local government and in cases when the employer has notified the Labour Inspectorate of the commencement of activities or change of the field of activity. One of the responsibilities of the Labour Inspectorate is to carry out market supervision of personal protective equipment to be supplied. During the inspection, the compliance of personal protective equipment with requirements is checked with the aim of preventing placing on the market and taking into use of unsuitable personal protective equipment. The Occupational Health and Safety Act provides labour inspectors with several rights for carrying out supervision, including the right to enter the work place to be inspected with the aim of performing inspection activity (if necessary, also unannounced), receive information necessary for inspection, examine relevant documents, receive copies of them free of charge or have them made on the spot, and in the case of suspicion of misdemeanour, take along documents, require audit measurements of the working environment, take pictures and samples of materials and substances to be analysed, interview the employer, work environment representative, work environment specialist and workers alone or in the presence of witnesses and issue a notice with the purpose of terminating the infringement of requirements of legal acts and eliminating the consequences of the infringements.

Although the list of a labour inspector’s rights is extensive, our aim is first and foremost to assist employers in directing their activities towards establishing a safer and healthier work environment.

The Labour Inspectorate together with other state authorities – Health Board, National Institute for Health Development, Rescue Board, Consumer Protection Inspectorate, Technical Regulatory Authority, Road Administration, Tax and Customs Board – form a national structure protecting good health of the population of Estonia. The budget of these authorities is regulated similarly as the budgets of all authorities financed from state budget – in order to achieve the objectives specified in the strategies of different fields, resources are planned in the State Budget Strategy, in turn providing the basis for annual State Budget.

The Labour Inspectorate cooperates with Health Board and National Institute for Health Development, in order to support the national objective of extending the healthy age of the people, and the cooperation much concerns information and supervision activities needed for the prevention of occupational diseases and disorders caused by work and research of occupational diseases. The Labour Inspectorate cooperates

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with Rescue Board, Consumer Protection Inspectorate, Technical Regulatory Authority, Road Administration and Tax and Customs Board mainly within the framework of ensuring healthy and safe work environment and supervision of labour relations.

6. Explain how the labour inspectorate relates to the wider governmental and health and safety

systems and how their activities are co-ordinated.

The Ministry of Social Affairs is the responsible body for occupational safety and health. The policies, strategies, and development programs for occupational health and safety are discussed in the Advisory Committee of Working Environment, in which, in addition to the representatives of the Ministry, representatives from trade unions and employers’ associations gather. In the occupational health and safety system of Estonia, the Ministry of Social Affairs constitutes the executive authority, which regulates the entire area, whereas two of its structural units (the Working Life Development Department and the Health Department) are directly involved in occupational health and safety-related policy-making. Working Life Development Department is responsible for the overall co-ordination and management of the activities in the field of occupational health and safety; it plans and implements working environment policy and elaborates regulations on occupational health and safety.Homepage: http://www.sm.ee/en

The Labour Inspectorate is a government agency operating within the area of government of the Ministry of Social Affairs, whose main functions are the following:

arrange for the exercise of state supervision in the working environment over the compliance with the requirements of legislation regulating occupational health and safety and labour relations and apply enforcement by the state on the bases and to the extent prescribed by law;

exercise market supervision over safety of the personal protective equipment in use in the working environment and over ensuring its protective properties at manufacturing and sale;

exercise supervision over investigations of occupational accidents and diseases and over the implementation of measures for the prevention of occupational accidents and diseases;

investigate fatal and, if needed, serious occupational accidents and diseases and analyse their causes;

collect statistics of accidents at work and make analysis thereof; exercise supervision over the use of genetically modified microorganisms in closed environment to

the extent prescribed by law; make decisions in cases prescribed by law on giving or withholding approval; carry out administrative proceeding; approve administrative acts and rules; carry out extrajudicial proceeding of misdemeanour to the extent prescribed by law; commence criminal proceedings and carry out urgent investigative actions; carry out and resolve petitions of persons on working environment issues; resolve individual labour disputes pursuant to procedure prescribed by law.

The Labour Inspectorate also collects the best practices of work environment; organizes free of charge information days and information mornings about different topics (in 2012, for example, financial claims in labour relations, personal data in labour relations and rules on work organisation, internal control – work environment management in enterprises, etc.); organizes training courses for work environment representatives of enterprises, for representatives of SMEs (designed for representatives of small businesses with up to 50 employees, who perform the duties of a work environment specialist) and optional modules for working environment specialists. The homepage http://ti.ee/en/

The Health Board shall, in the field of occupational health: participate in the preparation of occupational health programs and organize their implementation; analyse information concerning occupational illnesses and illness related to work of employees; organize refresher courses to occupational health specialists; register occupational health service providers

The homepage http://www.terviseamet.ee/en/information.html

The aim of the National Institute for Health Development (NIHD) is to promote the health of the Estonian population and enhance the quality of life through knowledge-based development and applied research

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activities. The main activities of the NIHD are research, development and implementation of activities in the health and social sectors.The homepage: http://www.tai.ee/en/

Four authorities in Estonia, who have contact with OSH (The Ministry of Social Affairs, Health Board, The National Institute for Health Development, The Labour Inspectorate), opened, in cooperation, a new OSH portal in Estonia http://tooelu.ee/en The aim of the portal is to provide a competent and timely overview of the information to the Estonian community about the work environment, occupational health, and work relations. By raising people’s awareness, we hope to prevent problems in work life.

Regular or ad hoc meetings are held for coordinating the cooperation between authorities, chaired by the state authority responsible for the topic (e.g. the Road Administration is responsible for safety on Estonian roads and therefore the meetings concerning supervision over vehicle drivers are generally chaired by the Road Administration).

The Labour Inspectorate also belongs into the Estonian networks of offices of occupational health and safety and health promotion.

7. Describe the involvement and role of the social partners in establishing the national or regional

strategies for health and safety and how they are involved at sector or workplace level

Cooperation with social partners is weak and takes place mainly in the form of submission of drafts for getting opinions. Representative organisations of the parties of the labour market do not pay much attention to the themes of occupational health and safety, and they are lacking initiative to support distribution of information pertaining to work environment or to organise field-specific information days or training courses. Since 2006 the trilateral counseling authority of work environment – Advisory Committee on Working Environment – has not operated due to low interest of parties and inefficiency of former operation. Awareness of professional associations of occupational health and safety is low, therefore such partners cannot also say a word in determining the need for national regulations and their development. As for international cooperation, Estonia is participating in several EU commissions of occupational health and safety: European Agency for Safety and Health at Work (EU-OSHA), European (Dublin) Foundation, Advisory Committee on Safety and Health at Work at the European Commission (ACHS), ILO, WHO etc.

Health Insurance Fund submits to the health department of the Ministry of Social Affairs microdata concerning occupational accidents and diseases related to work from the database of the Health Insurance Fund, based on the contract. The homepage https://www.haigekassa.ee/en

Social Insurance Board submits data concerning incapacity for work due to occupational accidents and diseases related to work https://www.sotsiaalkindlustusamet.ee/en

Institute for Health Development is dealing with the conduction of health promotion programmes http://www.tai.ee/en/about-us/national-institute-for-health-development

Estonian Association of Occupational Health Physicians consolidates occupational health physicians operating in Estonia http://ettas.ee/

Public health department of the Ministry of Social Affairs – leading role as the developer of health policy in the field of health risks proceeding from the environment and health behaviour.

Health department of the Ministry of Social Affairs – plans health policy and organises its realisation with the objective to ensure availability, quality and safety of health services and medicinal products and awareness and satisfaction of the population with health services.

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Health information and analysis department of the Ministry of Social Affairs – plans health policy and organises its realisation with the objective to ensure availability of necessary information (health researches, register of injuries, digital medical history).

Occupational development department of the Ministry of Social Affairs – plans occupational and work environment policy.

Occupational policy information and analysis department of the Ministry of Social Affairs – creates preconditions for basing the process of policy development of the ministry on awareness, ensuring objective overview of the development of the occupational field, efficiency of implemented or planned policies, best international practice and supporting development and efficient implementation of relevant necessary intellectual capital.

During drafting their development plan, the Labour Inspectorate has based on relevant national strategies and cooperated with representative organisations of employees and employers and professional associations. Through the knowledge gained through representative organisations of employees and employers and professional associations we can ensure better development of strategic goals of the Labour Inspectorate. An important aspect is also knowledge gained through information activities (e.g. feedback from fairs and information days) and supervision, in order to develop the strategy (or development plan) taking account of the areas of activity of business, and if possible, also peculiarities of specific specialities.

8. Describe national health and safety trends, in terms of cases of accidents and ill-health, and the

national priorities (sector or topic) derived from these statistics. Mention any known regional variations from the national priorities. Give details of enforcement action taken.

The main priority of the Labour Inspectorate in 2016 was decrease of serious or fatal occupational accidents. To ensure this, the plans included increase of the volume of state supervision and intensification of supervision or improvement of quality.

Work environment inspections are conducted, based on the risk score of companies. This is calculated, based on the risk level assigned to the area of activity of the company, the last time of visit to the company, results of former inspections, number of employees and the number of occupational accidents, occupational diseases and work-related disorders. Each specific company has their own risk score, based on which the companies and authorities with higher risk score are selected for inspection.

Supervision over small enterprises with less than five employees increased the most. Unfortunately, we must admit that we are not able to visit all small enterprises with adequate frequency. Accordingly, we are planning other solutions to reach every new or small enterprise with adequate frequency. For example, we launched as a pilot project anonymous survey inspections last year, focussing mainly on the employer’s obligations in the area of occupational health and safety – performing the risk analysis of work environment, availability of a work environment specialist and medical examination of employees at an occupational health physician. We selected the surveyed enterprises by field of activity, interviewing tourism enterprises, insurance firms, passenger travel companies and print shops. The objective of the entire survey inspection was to make respondents pay more attention to the obligations of employer in the field of occupational health and safety. A summary was prepared of each survey inspection, sent to all those, who were asked to answer to the questions. Regrettably, it must be admitted that the percentage of respondents was not high.

Accordingly, we plan to continue with such surveys also in 2017, however these will not be anonymous anymore, but based on these we plan our subsequent visits, the sample of which will be prepared rather of those companies, who ignored the survey.

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In 2016, occupational health target inspections focussed on the following areas of activity: trade chains, dry cleaning, kitchens of large hospitals, small ships, night-work in gas stations and financial institutions.The target inspections show that focussing on a single area of activity provides a relatively good means for organising occupational health and safety in a specific field. The inspections resulted in improved employer awareness, but also increased responsibility in improving the work conditions of employees and preventing work-related health risks.

The aim of occupational health-related target inspections was to change the mind-sets of both the employers and the employees at the inspected enterprises. Different tasks must be conducted in such a way that an employee is still healthy decades later; it is also important to recognise that physical overexertion usually appears without notice. Once your health has deteriorated, it might not be possible to restore it.

In selecting the target inspections aimed at occupational health we always proceed from risk factors, in which case the likelihood of damaging one’s health is always there, however its realisation is a long-term process.

The main cause for the diseases of employees is physical overexertion of the body – be it the neck, hands, back or feet. Employees work in long shifts, in inconvenient postures. If, however, the work process of an employee depends on that of their co-worker, it adds even more stress to the work. Also internal climate of work rooms is important. If this is unsuitable for working, the likelihood of diseases is even higher.

In addition to physical overexertion, we pay more attention to the use of hazardous chemicals. Target inspections and campaigns have shown that the awareness of both, the employers as well as employees of the impact of different chemicals on human health is low. As a main problem we can list inability to foresee health problems, the impact of which does not disclose itself immediately, but instead may become evident even after years. Normally these are different allergic diseases, inflammations and in more serious cases also tumours.

This is why it is important to ensure that the employers are able to see and properly evaluate different health risks affecting the employees. Upon proper assessment of risks, it is possible to implement appropriate protection measures on collective and single employee level. Each conducted internal inspection ends with the sending of a memorandum to the enterprises of the same area, in which we give recommendations on how to make the work environment even safer for the health of employee. We have also received answers from some enterprises, where they express their appreciation for the recommendations and try to implement these.

One of our main tasks, in addition to supervision and counselling, is carrying out also prevention and information activities, to increase the awareness of the employers and the employees in relation to occupational health and safety and labour relations and enhance the quality of working life. Prevention and information activities include media communication and informing the public of the conditions of work environment, managing the Labour Inspectorate website, social channels and the Tööelu portal, publication of printed matter, gathering the best articles, organising and conducting the information days, morning briefings, conferences and conducting the information campaigns. Also, cooperation with the European institutions and inspections and coordinating information exchange with the European Agency for Safety and Health at Work (EU-OSHA). Information and prevention activities were financed in 2016 from the European Social Fund (ESF) conditions for granting support under “Development of a sustainable work environment and retaining the work ability 2014–2020”.

Please find statistics and more information from the Annex 2 descriptive part

9. Explain how to develop transparency and consistency between inspectors as a means to

encouraging compliance.

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In their work, the inspectors shall proceed from the principles and rules specified in the “Supervision procedure”. Misdemeanour procedures are based on relevant rules – Rules of misdemeanour procedure, investigation of occupational accidents and diseases – on relevant procedures.

All procedures regulating the work of labour inspectors (and all other employees of the Labour Inspectorate) are explained through the information system of the Labour Inspectorate (ITI), which enables to monitor, if an employee has confirmed having reading the procedure. Before certification of procedures, labour inspectors can comment draft version of the procedure and submit relevant proposals for improvement and amendment.

Upon assignment of all employees of the Labour Inspectorate they shall pass an introductory training, a part of which includes introduction of requirements set to the work. When assuming office, the labour inspectors confirm that there are no restrictions, which would prevent their work in public service. Based on job description, labour inspectors shall notify their immediate superior of any circumstances preventing them from fulfilling their tasks. This includes situations of conflict of interests, which may arise during supervision. Labor inspectors participate regularly in-service trainings, and their quality of supervision is continuously assessed on a random basis.

10. What action have you taken to stimulate social partners to develop a prevention culture?

Labour Inspectorate has annually used social partners in their campaigns „Know Your Rights“. We have asked their input for ideas and concept of the campaign, and also included them in various activities of the campaign. Their activity depends largely on the theme and the people involved. They have chance to be involved in creation and realisation of the concept of the campaign, including participation in press conference, seminar, information days etc. They are also involved in every EU-OSHA campaign and related events. For example, the picture of the press conference of EU-OSHA campaign of healthy workplaces http://tooelu.ee/et/eu-osha/Kampaania-Tervislikud-tookohad-soltumata-east/Kampaania-Tervislikud-tookohad-soltumata-east-pressikonverents started in 2016 includes the Estonian Employers’ Confederation together with the Labour Inspectorate. The Labour Inspectorate administers the only Estonian portal of work environment, occupational safety and labour relations www.tooelu.ee, which content is produced with the assistance of various cooperation partners. Social partners are always invited to the information events conducted by the Labour Inspectorate, e.g. the international conference http://ti.ee/en/media-publications-statistics/communication-activity/the-international-conference-on-safety-and-health-at-work/ held in the autumn, information mornings, information days round tables in counties, where the Labour Inspectorate introduces their services and activities for improving work environment (involving also social partners and groups of interest on local level) http://www.ti.ee/est/meedia-trukised-statistika/teavitustegevus/uritused/. In recent years we have discussed with them, which fields would need targeted inspections (this is more a theme of supervision, but also much related to prevention). We kindly distribute brochures http://www.ti.ee/est/meedia-truekised-statistika/teavitustegevus/truekised/ introducing employment relations, work environment and occupational safety, published by the Labour Inspectorate, to our social partners. 

EU Strategic Framework

12. Provide a short description of how your country is already meeting or intends to meet, the

expectations of the new EU Strategic Framework. Explain your priorities in taking forward the new strategy. Indicate where you see particular opportunities for quick progress and where you see particular challenges or problems.

The Development Plan of the Labour Inspectorate 2016-2020 is in line with the trends specified for 2014-2020 in the EU Strategic Framework on health and safety at work.

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In order to manage the mentioned challenges, the Labour Inspectorate has set the following strategic goals for 2016-2020:

1) to achieve general improvement of occupational safety culture, enabling to:

a) ensure reflection of the strategic goals of occupational health and safety in relevant national development plans and programmes;

b) to promote discussion (incl public) with all interested and related groups, who can influence the situation of work environment in Estonia with their activities;

c) to collect and distribute the best practice of occupational health and safety (incl by promoting cooperation of companies in the field of occupational health and safety in the supplier-provider-purchaser chain and improving working conditions of specific categories of employees, e.g. older people, younger and unexperienced, employees with reduced capacity for work);

d) to introduce good practice of prevention of work-related psycho-social problems;

e) to continue raising awareness on running basis (e.g. for ensuring the following of wroking and rest time standards) and through campaigns (for changing safety culture, paying special attention to youth and children);

f) to raise awareness of the people of the need to prefer employment contract to other contractual forms;

g) to apply infomation activities in order to prevent existing and new risks proceeding from nanomaterials, green technology and biotechnologies, which may cause diseases;

2) to apply broadly e-solutions in state supervision, enabling the following:

a) to develop the customer portal (eTI) into the main information exchange channel in the employer-inspectorate-employer and citizen-inspectorate-citizen chains;

b) to create web-based interactive solutions enabling to decrease administrative burden of companies, but not increasing the risk factors in work environment;

c) to decrease administrative burden of micro-, small and medium-sized enterprises in low-risk sectors, using relevant e-services;

d) to develop and implement automatic or contact-free inspections, conducting relevant cooperation with R&D institutions;

e) to ensure readiness to inspect areas of activity with high volume of knowledge and technology, using relevant e-solutions;

3) to develop the Labour Inspectorate into a knowledge-based organisation, enabling the following:

a) to develop and distribute specific guidelines for improving the situation of occupational health and safety, taking account of the nature and conditions of the companies;

b) to offer counseling service to micro-, small and medium-sized enterprises, in order to help them better follow the occupational health and safety regulations;

c) to ensure legal certainty of labour dispute committees and efficient proceeding of labour disputes;

d) to continue training of labour inspectors and create an internal certification programme;

e) to improve collection and analysis of statistical data and distribution of reports drafted on their basis;

f) to improve collection of information about costs and revenues related to occupational health and safety;

g) to support distribution of the research results of the European Risk Observatory;

h) to develop the extent of counseling service related to occupational health and safety (e.g. use of work psychologists) and implementation of new channels and contemporary solutions of information and communication technology (e.g. skype, mobile application etc);

i) to create a network of occupational health and safety specialists and researchers, in order to manage the risks related to aging labour force, potential new risks, prevention of work-related disorders and occupational diseases;

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j) to cooperate with international organisations and other EU member states, in order to support productivity and competitive ability of the companies of EU member states through the development of the field of occupational health and safety.

Estonia is one of few EU member states not promoting EU-OSHA online tool OiRA environment. The reason is that similar tool for risk assessment and management of activities of the field of occupational health and safety in Estonian has been developed upon request of the Ministry of Social Affairs, with the name Tööbik www.toobik.ee. The Labour Inspectorate has entered promotion of OiRA among companies located in Estonia and using English as their work language into their activities for 2016. The Labour Inspectorate has collected best practices related to OSH already since 2010. At the end of 2015 all collected best practices were consolidated into a collection, which was published also as a book http://www.ti.ee/fileadmin/user_upload/failid/dokumendid/Toeoetervishoid_ja_toeoeohutus/Parimad_praktikad/TI_A5_260_kaaned.pdf But all the best practises examples from 2010 are available from here http://www.ti.ee/est/meedia-trukised-statistika/tookeskkonna-parimad-praktikad/milline-on-parim-praktika/

In implementation of EU strategic policies, Estonia can achieve rapid development in the inspection of small and medium-sized enterprises (SME). In 2014 the supervision principles were changed and supervision was started in the companies with at least 2 employees (until then, supervision had been conducted over the companies with at least 5 employees). Furthermore, approval was received to ESF project, used for consulting small and medium-sized enterprises and training employees of the Labour Inspectorate.

The major challenge in this period of strategy is nation-wide changing of safety culture, i.e. improvement of the knowledge of employers and employees related to the requirements of occupational health and safety, thereby (but not limited to) raising social awareness of occupational health and safety. The major internal challenge is achievement of salary increase of labour inspectors. At the moment, salary of labour inspectors is below the average of Estonia, and the problem is that in the opinion of the Ministry of Social Affairs, whose task is to defend the budget of the Labour Inspectorate in the Government of the Republic, the salary of labour inspectors is not a priority. However, non-competitive salary prevents recruitment of qualified labour force and is therefore a major risk to the sustainability of state supervision.

Organisation

13. Explain how annual plan of work is prepared, with priority areas for action set for the year.

Proceeding from the EU Strategic Framework on health and safety at work, in 2016-2020 more attention is paid to counseling, training and involvement of micro-, small and medium-sized enterprises, because their awareness and possibilities to contribute to occupational health and safety are often limited. Supervision is based on risk assessment, and mainly the companies and organisations with high risk level are inspected. Furthermore, 500 companies are inspected annually on random basis, in order to assess the situation of work environment in Estonian companies.

14. Explain how progress against plans is monitored, and explain any regional differences if planning is

a regional matter.

The progress against work plan of the Labour Inspectorate is reviewed quarterly under the management of the director general. Semiannually the report on progress of the work plan is submitted to the Ministry of Social Affairs. Efficiency of work of labour inspectors is assessed (based on specified criteria) on quarterly basis.

These criteria are:

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a) Number of visited companiesb) Number of market supervision inspections of personal protection equipmentc) Number of inspections of buildingsd) Number of follow-up inspectionse) Number of inspections of companies (except follow-up inspections)f) Number of employees covered with a visitg) Number of visits, where representative of employees has been involvedh) Number of detected violationsi) Warnings with penal fine and enforced penal fines, incl sumsj) Number of preceptsk) Number of suspensions of workl) Number of tool prohibitionsm) Number of registered occupational accidentsn) Proceeded misdemeanour matters and imposed sum of fines.

Since IIIQ 2014 the Labour Inspectorate has no regional offices. Estonia is a single work area with no regional peculiarities. At the end of 2014, the Labour Inspectorate transferred to function-based management. Senior Labor Inspectors Committee (SLIC) evaluation committee, who evaluated the Estonian Labour Inspectorate in September 2016, made a proposal to organize inspectorate´s activities better. In their final report they pointed out the need for enhanced communication and co-operation between the different labor inspectors to ensure the systematic surveillance. In addition, it was proposed to clarify the distinction between advisory and consultative services, in ohter words prevention must be set apart from state supervision. So in 2017 Estonian Labour Inspectorate will to the structural changes, that the activities of the Labour Inspectorate are subdivided – the Supervisory Department is responsible for inspections in the area occupational health and safety and labour relations and the Department of Prevention and Legal Affairs provides legal aid to the Labour Inspectorate and advisory service to employers and employees.

Inspectors’ competencies and independence

15. Explain how inspectors are appointed and trained and how fairness in terms of gender and race is

built into the selection process. Explain the grading of inspectors. Include in this answer assistant inspectors, technical officers and 'controllers' and explain their role and their relationship with inspectors.

By the laws of Estonia for hiring a public servant (i.e labour inspector or a labour inspector lawyer), a public hiring proceedure needs to be held. Both men and women are equally eligible for appointment to the Labour Inspection staff.

The current number of inspectors at the Labour Inspectorate is 57, including 38 women and 19 men. No special functions are assigned either to female or male inspectors. There are currently 4 work enivornment consultants in Labour Inspectorate of Estonia. The requirement for working as a work environment consultant is previous (at least 3-year) work experience in the area of health and safety at work (favorably as a work environment specialist at a company). The consultant is presumed to have a vocational or higher education. 74% of Labour Inspectorate employees have a university degree. Training and instruction of a new inspector lasts for 4 months, which is also the general probationary period for public servants.

During these four months, all new inspectors work under the guidance of mentors. Basic training for new employees lasts for 12 weeks and covers rendering both theoretical and practical knowledge. In-service training of labour inspectors takes place based on the annual training plan of the Labour Inspectorate. All inspectors receive at least 60 hours of training per annum. The Labour Inspectorate has prepared several instructions and guidance that regulate the activities of inspectors and investigators. If necessary, Law Service of the Labour Inspectorate gives legal advice to the inspectors

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and investigators. Advisory Service provide the employees and employers with guidance and information on implementation of health and safety legislation and on labour relations issues. We still need to work to improve the technical support. To improve the inspections and investigations of the Labour Inspectorate, it is necessary to obtain additional measuring instruments and vehicles. Inspectors perform inspection visits in the presence of the employer or persons authorised by them. If the inspector agrees with their participation, representatives of workers and other persons (e.g representatives from the unions, students), may also be involved in the inspection activity. Several years now, representatives from the trade unions and employers have been actively showing their initiative in improving working environment, participating in working groups and seminars organized by Labour Inspectorate. A few times a year, trade union representatives have asked to participate in inspection activities. There is also a close communication between the trade union’s leaders and the working group led by the Director General of the Labour Inspectorate. To train labour inspectors, the Labour Inspectorate uses the resources of European Social Fund for 2014 to 2020.

In 2016, training was provided to all employees of the Labour Inspectorate. The topics and different target groups were as follows:

Month Topic of the training Target group

January The meeting of the heads of the work environment department task force

Heads of task force

January Study visit Latvian Labour Inspection

Analysis and Development Service, communication department

January Schooling of Transport Inspection Service

Transport Inspection Service

January Self-managing schooling for the directorate (part 1)

Directorate

January The meeting of the working group of the construction infrastructure

Work Environment Department task force inspectors

January Cooperational appointment with the Division of Occupational Health and Safety of the Regional State Administrative Agency for Southern Finland

Division of Occupational Health and Safety of the Regional State Administrative Agency for Southern Finland , Law Service, Labour inspector-lawyers

January The essence and plans of the task force of industrial companys

Labour inspectors of the task force

February Schooling of the directorate DirectorateFebruary Schooling of the

Occupational Health Inspection Service

Occupational Health Inspection Service inspectors

February Schooling of the Labour Dispute Committees

The heads and secratary-desk officers of the Labour Dispute Committees

February Schooling of of inspection of labour relations

Labour inspectors - lawers

February Excel schooling Seravnts of the Labour Dispute Committees

February Excel schooling Inspectors

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February Excel schooling Transport Inspection Service inspectors

February Excel schooling SecretarysFebruary Excel schooling Directorate and other

servants of Labour Inspectorate

February Self-managing schooling for the directorate (part 2)

Directorate

February The schooling of identifying trafficking in human beings and schooling of cooperation of the departments in Tallinn

Servants of the work relations department

February The work meeting of the Work environment departments task force

Inspectors of the task force

February Regional meeting North-Estonia Region servants

February Regional meeting South-Estonia Region servants

March Regional meeting West-Estonia Region servants

March Modul training Labour inspectors; Work environment consultants

March Training of Tachoscan Transport Inspection ServiceMarch Regional working meeting Employees of the East -

Department of the Labour Inspectorate

March Training of the Occupational and Health Safety Act

Labour Relations Advisory Service

March Special training : how to treat a difficult client

Labour Relations Advisory Service

March Training of leagal leagal language

Heads of Labour Dispute Committees; Labour Relations Advisory Service

April Training od Estonian language

Secretaries of the Finance and Admisnitration Department, Communication Depatment

April Training of Human Trafficing and Cooperation between the authorities

Labour Relations Advisory Service

April Training of contracts and procurements

Communication Department,Law Department,Finance and Admisnitration Department

April Training of writing the law texts

Counseling lawyers, Work Environment Department, Communication Department

April Lawmaking and ja standars of lawmaking

Lawyers

April Public perfomance High Management of the

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Labour Inspectorate April Training of psychological risk

factorWork Environment

Department inspectorsApril Study Visit of High

Management of the Labour Inspectorate to UK

High Management of the Labour Inspectorate

Aprill Working Meeting of Work Environment Counselling Department

Work Environment Counselling Department consultants

Aprill Modul training Labour inspectors; Work environment consultants

May Working Meeting of Work Environment Department

Inspectors of the Work Environment Department

Mai Working Meeting of Transport Inspection Service

Transport Inspection Service inspectors

Mai Training of the Labour Relations

Lawyers, inspectors

Mai Training of First Aid Employeers dealing with the First Aid Issues in the Labour Inspectorate

Mai Study Visit to Slovakia Lawyers of Law ServiceMai Training of adiministrative

and misdemeanor procedures

labour Inspectors

May Study visit to Greece Head of Labour Relations Advisory Service and Chief lawyer

May Directorate training DirectorateMay Electromagnetic fields

trainingLabour inspectors (Tallinn

group), Work enviroment department

May Electromagnetic fields training

Labour inspectors (Tartu group, Work enviroment department

May Work Enviroment Department study visit to Ireland

Work Enviroment Department inspectors

May Occupational Health and Safety Management Systems

Work Environment Counselling Department

June Work Enviroment Department task force meeting

Work Enviroment Department task force inspectors

June Estonian Data Protection Inspectorate training

Directorate, Secretarys, Communications Department Servants, Law Service

June Transport Inspection Service study tour to Genrmany

Transport Inspection Service inspectors

June Summer seminar Labour Inspectorate servants

August Team training Communication Department servants

August Labour Dispute Commitees training

Heads of Labour Dispute Committees, Secratary-

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desk officers August Work Enviroment

Department task force meeting

Work Enviroment Department task force inspectors

august Team training Labour inspectorsAugust Labour dispute analysis

trainingHeads of Labour Dispute

Committees, Labour Relations Department lawyers, Counseling lawyers

August Directorate training DirectorateSeptember Work Environment

Counselling Department study visit

Work Environment Counselling Department consultants

September Crisis Communications Training

Directorate

September International private law and posted workers

Heads of Labour Dispute Committees, Labour Relations Department servants

September Labour Relations Department study visit to Luxembourg

Labour Relations Department lawyers

September Modul training Work Environment Department inspectors, Work Environment Councelling Department consultants

September Work Environment Councelling Department workmeeting

Work Environment Councelling Department consultants

September Team training Finance Administration Department servants

October Work Environment Department study visit

Work Environment Department inspectors

October General Part of the Civil Code Act and Law of Obligations Act training

Labour Relations Department lawyers and Heads of Labour Dispute Committees

October Time management and secretarial work ethics training

Labour Dispute Committees servants

October Occupational Health Inspection Service study visit to Portugal

Occupational Health Inspection Service inspectors

October Analysis and Development Division team training

Analysis and Development Division

October Detection of human trafficking and cooperation between agencies

Labour Relations Department lawyers, Heads of Labour Dispute Committees

October Work Environment Department task force workmeeting

Work Environment Department task force inspectors

October Labour Dispute Committees study visit to Sweden

Labour Dispute Committees servants

October Labour Relations Labour Relations

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Department training Department lawyers, Heads of Labour Dispute Committees

October Management trainig Management of the Labour Inspectorate

October Labour Inspectorate database training

To whom it was nessessecary

November Administrative Procedure Training

Labour inspector-lawyers

November Transport Inspection Service training

Transport Inspection Service inspectors

November Perform in front of camera Labour Inspectorate spokepersons

November Study visit of management of Labour Inspectorate to Ireland

Management of the Labour Inspectorate

December Modul training Work Environment Department inspectors, Work Environment Councelling Department consultants

December Study visit to Cypros Comminication departmenr, inspectors, Analysis and Development Division

December Law Service team training Law Service lawersDecember Labour Relations Advisory

Service team trainingLabour Relations Advisory

Service lawyersDecember Work Environment

Councelling Department workmeeting

Work Environment Councelling Department consultants

December Work Environment Department task force workmeeting

Work Environment Department inspectors

Currently, 42 officials deal with OSH issues in Estonian Labour Inspectorate, among them, 31 occupational safety inspectors, 6 occupational health inspectors and 5 investigators of accidents at work.

Men and women have equal opportunities to become officials and employees of the Labour Inspectorate (incl labour inspectors and labour inspector-lawyers). Pursuant to Estonian laws, a public competition is required for employing officials (in this case, the posts of labour inspectors and labour inspector-lawyers) and nobody may be discriminated due to their gender, age, nationality, religion etc.

The main factor influencing the competition results of labour inspectors is motivation package. For example, employees of the Labour Inspectorate can take annually 3 health days, when salary is retained, but at the same time the salary of labour inspectors is lower than average salary in Estonia.

Since 2015, labour inspectors are divided into 4 task forces, and upon employment of new employees account is taken of the knowledge and skills needed in the specific task force. If an applicant has also supervision knowledge in addition to speciality-related knowledge, this is a bonus. Labour inspectors shall also have former work experience (preferably in the area of their future work). Detailed overview of the requirements set to a labour inspector is provided in the job description of a labour inspectore appended to the questionnaire.

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16. Explain how inspectors obtain specialist support, and give similar details to 15 where this support

comes from within the labour inspectorate.

In legal issues, labour inspectors get support from the the law division, in the issues related to work environment – from advisory service, and in the issues of occupational health – from the occupational health division.

In order to increase specialisation of labour inspectors, 4 task forces were formed in the work environment department at the end of 2015: construction and infrastructure enterprises, industrial and production enterprises, service enterprises and enterprises of public sector. Task forces provide opportunity for mobile (skype) discussion, and work meetings are held approximately once a quarter, where various topics can be discussed.

Generally, labour inspectors discuss any issues arising during their work with some colleagues. Until 2014 also training modules were used, where labour inspectors discussed together (within the framework of the training) the shortages detected in a visited company, and formulated sample violations. As such trainings were resource-intensive, they are currently not conducted any more.

On July 1, 2014 the Law Enforcement Act (hereinafter LEA https://www.riigiteataja.ee/en/eli/ee/507122016001/consolide/current ) entered into force, which led to some changes in the inspection activities of the Labour Inspectorate of Estonia.

The Labour Inspectorate carries out state supervision over compliance with the requirements of health and safety at work pursuant to the Law Enforcement Act, the Administrative Procedure Act (https://www.riigiteataja.ee/en/eli/ee/531102016002/consolide/current ) and the Occupational Health and Safety Act. Since the entry of force of the Law Enforcement Act, state supervision is carried out on the basis of threat prognosis. Enterprises are given a risk rating, which determines the priorities of the Labour Inspectorate for conducting inspection activity.

The essence of the Law Enforcement Act is the definition of the concept of public order in the Estonian legal system, the prevention of a threat endangering public order, countering of a threat and establishment of a coordinated system for elimination of a breach of public order on the level of law enforcement agency and an individual, definition of other key concepts of the field and common principles for exercising state supervision and provision of general and specific measures.

The aim of the Law Enforcement Act is to aggregate the general principles of state supervision and to revise and harmonize special laws on public order regulating state supervision. The Law Enforcement Act began, among other things, to regulate the inspection activity of the Labour Inspectorate and consequently together with the enforcement of the Law Enforcement Act, the principles of conducting state supervision provided in the Occupational Health and Safety Act were changed.

According to the law, the general measures of the state supervision is information and notification of the general public or individuals of prevention of a threat, a suspicion of a threat, a threat or disturbance, in case of suspicion of a threat exercise of state supervision, precept (improvement notice) and application of administrative coercive measure as well as countering of a threat and elimination of a breach of public order by a law enforcement agency (Sections 26–29 of the Law Enforcement Act).

Pursuant to the new law, the OHSA labor inspectors are provided with the following specific measures:- Questioning and requiring of documents (Section 30 of the Law Enforcement Act);- Summons and compelled attendance (Section 31 of the Law Enforcement Act );- Establishment of identity (Section 32 of the Law Enforcement Act );- Examination of movable (Section 49 of the Law Enforcement Act );- Entry into premises (Section 50 of the Law Enforcement Act );- Examination of premises (Section 51 of the Law Enforcement Act ).

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Labour inspectors are not permitted to implement other specific measures provided by the Law Enforcement Act, and, if necessary, a law enforcement agency, i.e. the police, must be involved.

The methods of the Labour Inspectorate for conducting supervision did not significantly change when the Law Enforcement Act entered into force. As a result of an inspection visit, an inspection report is drawn up, which is communicated to the enterprise being inspected and on which the enterprise can submit their opinions and objections. After hearing the opinions and objections, a labour inspector has the right to prepare an improvement notice on the identified infringements, and to ensure compliance with it, issue a warning of penalty payment.

Pursuant to the Code of Misdemeanour Procedure (https://www.riigiteataja.ee/en/eli/ee/513072017004/consolide/current ), a labour inspector has the right to initiate a misdemeanour proceeding in the case of substantial infringements and penalize the offender (a natural or a legal person) with a fine. Misdemeanors and the penalties for misconducts are set out in special laws.

When a labour inspector faces problems with implementation of the law, they get assistance and support from the immediate superior, and in case of more complicated problems from the the law division, who also represents the Labour Inspectorate in court in the disputes related to the activities of labour inspectors.

17. Explain how the independence of inspectors is assured, and detail other duties which they

undertake, in addition to their health and safety responsibilities.

Labour inspectors are completely independent when fulfilling their duties – e.g. in case of any detected shortages, not the Labour Inspectorate, but the specific labour inspector issues a precept for their liquidation to the employer. Managers of the Labour Inspectorate or any other persons cannot influence decisions of a labour inspector made during supervision.

Labour inspectors have no other duties than supervision of the fulfilment of the requirements of occupational health and safety, except participation in information activities related to occupational health and safety. Officials of the Labour Inspectorate are obliged to apply for a written permit, if they have any obligations not related to their job (e.g. participation in a management board of a NPA, work as a teacher etc).

18. Describe the accommodation arrangements for inspectors and how they are expected to travel to

undertake their responsibilities. Detail the expenses they may claim and how this is done.

Labour inspectors use official cars to fulfil their official duties (in single cases also personal cars; in such case the related costs are covered). In Tallinn the Labour Inspectorate has also concluded a contract with a company providing taxi services.

Usually the size of work area of labour inspectors enables them to start and end a workday in their home or in the office closest to their home. In total, the Labour Inspectorate has 16 offices all over Estonia. In single cases some labour inspectors may be sent to business trip for 1-2 days within the country (e.g. to perform target inspections). In such case, for fulfilling their duties, labour inspectors may book suitable accommodation in a hotel, if required by the character or time of work. Booking of a hotel is approved in advance by the immediate superior and compensated to the labour inspector based on their application. In most cases the accommodation facility sends an invoice directly to the Labour Inspectorate.

Generally all work-related costs are compensated to the servants. All labour inspectors have mobile phone with call limit; also wifi stick of mobile internet is available upon request. Usually all labour

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inspectors with driver’s licence use official cars for fulfilment of official duties. To the inspectors and investigators, who may use a personal car, costs are compensated as specified in a directive of the director general.

The Labour Inspectorate enables their employees to work partially from a remote location, but in such case the costs related to the establishment and management of home office are not compensated.

Prevention, protection and assistance for inspectors

19. • Describe the main arrangements you have made to ensure, at national or local level, that inspectors can perform their tasks in the safest possible conditions. • Describe the risks of violence facing inspectors. • Describe the measures taken to provide support, follow-up and care should inspectors fall victim to violence.

Proceeding from the character of work of labour inspectors, the main risks related to their work are traffic-related risks, risks related to conflicts with people and animals, biological risk factors (mainly viral diseases) and risks proceeding from the area of activity of the visited companies.

In order to manage various risks, labour inspector shall assess the potential extent of a specific risk and take suitable precautionary measures. For example, labour inspectors themselves can control traffic-related risks, using safe driving methods, while the role of the Labour Inspectorate is to ensure good repair of official cars. The Labour Inspectorate has issued working clothes, safety footwear and personal protective equipment to all labour inspectors, while labour inspectors themselves shall ensure their use.

Pursuant to the supervision procedure, in case of an employer prone to conflict (or if they assess the situation as dangerous), the labour inspector shall perform the visit together with another labour inspector. Labour inspectors may use assistance of the police for entering the object to fulfil their official duties. Personal protective equipment, working clothes and safety footwear provide protection against biological and/or physiological risk factors.

Based on the need, training courses are organised, which help labour inspectors to manage risk situations (e.g. in 2015 a psychology training was held for better management of conflict situations with customers). Pursuant to internal rules and regulations of the Labour Inspectorate, all employees may take 3 paid health days. These are mainly important during a period of viral infections. However, health days can be used not only in case of an illness, but also to prevent diseases.

A first aid provider has been assigned in each office, who provides first aid to colleagues in case of accidents, if necessary. If some employee is attacked, the employer enables necessary professional support (e.g. psychological counseling). Fortunately there have not been any such cases.

Inspectors powers

20.

• Summarise the powers of inspectors covering in particular the powers listed above; • describe any other powers inspectors have which help them carry out their duties; • what qualifications or exceptions are placed upon the use of inspectors' powers? • what difficulties do inspectors face in using their powers?

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• what sanctions can an inspector use personally, and at what level do these have to be approved? What other sanctions are available to the inspector if proposed through the legal system, or otherwise?

Labour Inspectors rights and obligations are determined in the ILO Convention (CONVENTION CONCERNING LABOUR INSPECTION IN INDUSTRY AND COMMERCE – Date of adoption: 11.07.1947. Date of entry into force: 07.04.1950) articles 12–15:

Labour inspectors provided with proper credentials shall be empowered:(a) to enter freely and without previous notice at any hour of the day or night any workplace liable to

inspection;(b) to enter by day any premises which they may have reasonable cause to believe to be liable to

inspection; and (c) to carry out any examination, test or enquiry which they may consider necessary in order to satisfy

themselves that the legal provisions are being strictly observed, and in particular – (i) to interrogate, alone or in the presence of witnesses, the employer or the staff of the undertaking on

any matters concerning the application of the legal provisions;(ii) to require the production of any books, registers or other documents the keeping of which is

prescribed by national laws or regulations relating to conditions of work, in order to see that they are in conformity with the legal provisions, and to copy such documents or make extracts from them;

(iii) to enforce the posting of notices required by the legal provisions;(iv) to take or remove for purposes of analysis samples of materials and substances used or handled,

subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose.

Labour inspectors shall be empowered to take steps with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers. In order to enable inspectors to take such steps, they shall be empowered, subject to any right of appeal to a judicial or administrative authority which may be provided by law, to make or to have made orders requiring –(a) such alterations to the installation or plant, to be carried out within a specified time limit, as may be

necessary to secure compliance with the legal provisions relating to the health or safety of the workers; or

(b) measures with immediate executory force in the event of imminent danger to the health or safety of the workers. Where the procedure prescribed above is not compatible with the administrative or judicial practice of the Member State, inspectors shall have the right to apply to the competent authority for the issue of orders or for the initiation of measures with immediate executory force. On the occasion of an inspection visit, inspectors shall notify the employer or his representative of their presence, unless they consider that such a notification may be prejudicial to the performance of their duties. The labour inspectorate shall be notified of industrial accidents and cases of occupational disease in such cases and in such manner as may be prescribed by national laws or regulations.

Subject to such exceptions as may be made by national laws or regulations, labour inspectors –(a) shall be prohibited from having any direct or indirect interest in the undertakings under their

supervision; (b) shall be bound on pain of appropriate penalties or disciplinary measures not to reveal, even after

leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties; and

(c) shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint.

As work environment consultants do not perform state supervision, they have different rights. They are not entitled to submit a precept to an employer or to conduct misdemeanour procedure for imposition of penal fine. After a visit to a company, consultants draft a written report and send it to the employer. The

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report includes proposals and recommendations. Proposals concern bringing work environment into conformity. Recommendations concern the situations, which are not directly violations of a legal act, but where certain fields of occupational health and safety can be organised better, based on good practice.

Guidance for inspectors

21. Explain how guidance for inspections is prepared, administered and quality assured. Describe the range of guidance available on:

• hardware/technical issues; • techniques of inspection; • the selection and management of inspections; • action to be taken in particular circumstances — in particular in relation to the use of sanctions.

Currently the supervision procedure is under revision and improvement. The new version, after the evaluation of Estonian Labour Inspectorate will be made in 2017.

Please comment on the overall approach to the use of discretion by inspectors; that is, are inspectors expected to follow closely the guidance they are given, or are they expected to act flexibly and interpret the guidance in particular circumstances? To what extent does the use of discretion vary according to the guidance topic?

During supervision, labour inspectors are obliged to follow the provisions of relevant legal acts (the Occupational Health and Safety Act (OHSA), the Law Enforcement Act (LEA), the Administrative Procedure Act (APA))) and the „Supervision procedure” certified by the director general of the Labour Inspectorate.

Starting inspection In the beginning of an inspection the labour inspector: introduces themselves to the employer or the

employees, if the employer is not present in the company during the inspection; presents identification (the LEA the § 11 (1)); if necessary (suspected), establishes identity and right of representation of the employer, i.e. asks identification document and letter of authority (the LEA § 32 (1)); explains to the employer the objective of inspection and the process of administrative procedure, if possible, also selection criteria of the inspected employer, legal basis of procedural acts, rights and obligations of the employer during the procedure (mainly the obligation to cooperate with the labour inspector) (the APA § 36 (1), § 40 (1)) and possible consequences of the inspection (the APA § 36 (1)); in case of targeted inspection, explains to the employer, in which field the inspection is performed; tells, with whom they want to meet and speak during the inspection (the APA § 11). If cause of the inspection is claim or cue, the labour inspector shall not disclose the content or submitter of claim/cue (Civil Service Act § 55).

If the employer is not present in the company during an unannounced inspection, the labour inspector notifies the employer by phone of the inspection upon arrival at the object before the inspection and explains their rights and obligations related to the administrative procedure. If the employer cannot be contacted before starting inspection, the labour inspector notifies the employer as soon as possible after the end of the inspection (the APA §36 (1), §40 (1)).

Persons present at the inspection and stay at the object An inspection is usually conducted by the presence of the employer. Representatives of the employer and

the employees and any other persons agreed with the labour inspector may participate in the inspection. Inspection can be conducted without the presence of the employer in following cases: if the employer has approved the inspection, but their representative is absent at the time of inspection; in case of unannounced visit.

A labour inspector is entitled to enter the object based on the LEA § 50, but at the object the labour inspector shall make all efforts to inform the employer of the entry, i.e. to notify the first encountered

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employee of their presence, asking to inform the employer and trying to inform an authorised or legal representative themselves. Upon entry to the object, the labour inspector shall assess also riskiness of the work environment and shall not enter danger zone. In case of physical or verbal danger the labour inspector shall leave the object and return together with another labour inspector and/or the police.

Inspection and detection of violations During the inspection, the fulfilment of requirements of the inspected field is inspected (the Employment

Contracts Act (ECA) § 115, the OHSA § 25 (1)). In order to inspect work environment, the labour inspector selects workplaces enabling to get overview of the work environment and assesses their risk factors. In case of targeted inspection, the labour inspector proceeds from the guidelines of specific targeted inspection. The labour inspector collects evidences and data of violation, paying attention to the problems detected in data collected during preparation of the inspection (the LEA § 30, the APA § 38).

Upon detection of violations the labour inspector explains the content and legal aspects of violations to the representative of the employer or employees involved. If it is necessary to specify legal circumstances related to violation, the labour inspector may contact the department of labour relations immediately. During the inspection, the labour inspector makes notes and drafts an inspection report in the company on the spot or after return from the inspection (the APA § 18, the LEA § 12 (1)in case of work environment also an assessment list. During a joint inspection, labour inspectors of both fields draft separate reports and precepts.

Conduction of interviews Labour inspector talks with representatives of employees (their representative, work environment

representative) and employees, finds out their assessment to the work environment (workplaces, tools, instruction, organisation of work related to work environment and first aid etc), internal information exchange, organisation of working time and legality of the behaviour of the employer. If necessary, the labour inspector asks the employer to ensure possibility for questioning employees without the presence of representative of the employer, and also tells to the representative of the employer estimated time, when they want to continue the inspection by their presence. If employees do not want to talk, the labour inspector cannot obligate them, but makes relevant note in the report, if necessary (on the line „Operations during inspection“). Usually the labour inspector does not disclose the content of discussion to the employer, except in case when statements of employees confirm a violation.

Labour inspector decides, if documentation of interviews is necessary. Interviews shall be registered in written form (the LEA § 30 (2)if violations cannot be proved with other means. If considered necessary by the labour inspector, the interviewed person may provide explanations in writing. Note about interview report is made in the inspection report, chapter „Operations during inspection“.

Written report of the interview or hand-written letter of explanation of the interviewed person shall include the time (date, time) and place (city/village) of interview; name and date of birth or personal identification code of the person participating in the interview; title and name of the labour inspector conducting the interview; objective of the interview (e.g. description of working conditions; description, how the employer fulfils requirements of work environment in the opinion of the employee; description of the conditions of employment contract; description of the establishment of work schedule; description of the calculation system of salary etc); questions asked and answers provided during the interview; signatures of the labour inspector having conducted the interview and the person participating in the interview.

Suspension of work or tool If during an inspection of work environment the labour inspector detects any work or use of any tool

dangerous to the life of an employee or that of other persons, they shall issue immediately a precept to the employer for stopping such work or prohibiting the use of such tool (the OHSA § 25 (5) p 4; the APA § 40 (3) p 1); definition of life-threatening damage to health, Regulation no 266 of the Government of the Republic from 13.08.2002 „The procedure for forensic ascertaining of a damage to health“ § 7). In case of labour relations, the labour inspector shall suspend the work, if a minor is working without the consent of their legal representative and/or 7-14 years old minor is working without the consent of labour inspector, performing work prohibited for minors (UN 1989 convention on children’s rights, art

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32); the requirements of working and rest time established for minors have been violated and the violation continues; requirements of the ECA § 50 and 51 have been violated simultaneously and an employee is working in more than 13-hour shifts mainly at night; provisions of the ECA § 51 (1), (3), (4) and the ECA § 52 have been violated and an employee is working with more than 13-hour workdays in the conditions damaging their health.

The violation having caused suspension of work is not specified in the inspection report. The inspection report includes violations, which may lead to repetition of the same situation. If any other violations are detected, these are specified in the inspection report. Fulfilment of obligation imposed with the precept for stopping work or prohibiting a tool is checked during a follow-up inspection.

Description of violations and end of inspection The labour inspector explains to the employer the content of violations detected during inspections and

requirements of valid legal standards (if the employer was not present at all inspection operations), the need to eliminate the violation, further procedural actions and related terms (the APA § 36 (1), § 40 (1)). The labour inspector listens to explanations and opinions of the employer and enters these into the inspection report.

If the employer could not submit the required documents during the inspection and the labour inspector accepts explanations of the employer concerning the lack of data, the term and method of submission of documents is agreed: the employer sends the documents to the Labour Inspectorate, the employer is called to the Labour Inspectorate for submission of documents, or the labour inspector continues visit in the employer’s premises in any other time. The labour inspector makes a note into the inspection report that the employer could not submit the required documents during the inspection, and specified the term for later submission of documents.

In case of an inspection of working and rest time of vehicle drivers the labour inspector decides to continue the inspection in the Labour Inspectorate, if no conditions are available for analysing working and rest time of vehicle drivers at the employer’s premises. If considered necessary by the labour inspector, they may draft and sign the inspection report on paper at the end of the inspection. If it is possible to make a copy of the signed inspection report on the spot, it will be given to the employer (the LEA § 12 (1)). The employer confirms receipt on the original copy of the inspection report (date, signature). The original document remains to the labour inspector. If no violations were detected during inspection, the procedure is specified as ended in the inspection report („Supervision procedure continues“: no). A copy of the inspection report is given to the employer and it is not necessary to send an additional notice of ending the procedure.

Continuation of inspection in the Labour Inspectorate or at the employer’s premises The labour inspector continues inspection in the Labour Inspectorate or at the employer’s premises as

agreed, and studies the documents submitted by the employer. If the labour inspector has not yet presented the inspection report to the party to the procedure, and detects any additional violations, these are added into the inspection report, specifying the time and place of their detection. If additional violations are detected after presentation of the inspection report to the party to the procedure, the labour inspector drafts new inspection report as a related document of the same case. If the employer brings documents personally to the labour inspector and no shortages are detected, a note about the date of submission of documents is added into the first report. If the employer requests a separate report, the labour inspector drafts a new inspection report (the LEA §30 (4)).

Drafting of a precept and warning of penalty payment The labour inspector decides, if it is necessary to draft a precept and also a warning of penalty payment.

Precept is drafted only for elimination of a violation of the provision of legal act, over which LI has legal supervision competency. No precept is drafted for violations detected during inspection, if: the detected violations cannot be eliminated, i.e. violation has taken place in the past, not during the inspection; the employer eliminates the violation before making the precept; the objective of precept cannot be achieved.

Precept is drafted in LI for elimination of violations specified in the inspection report based on the LEA § 28. The precept shall include (the APA §54-57): name and post of the person having drafted the

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precept, time and place of the precept; the given name, surname and address of the natural person, or the name and postal address of the legal person, or the name and postal address of the state or local government agency who is the obligated subject of the precept; date and place of detection of the violation(s); description of the act or omission considered a violation, reference to the article, section and clause of specific act and regulation that was violated with such act or omission; verification of the act or omission, specifying the specific evidences; resolution of the precept, or what the employer should do to eliminate the violation. A precept issued to the employer shall be in conformity with the description of violation and specific requirement proceeding from the provision of legal act; term specified for the fulfilment of obligation or elimination of violation. In the precepts for suspension of work and prohibition of a tool the start time of suspension of work or prohibition of a tool is specified; warning of penalty payment, if considered necessary by the labour inspector; the procedure and term for challenging the precept; the signature of the person who prepared the precept.

A precept shall be unambiguous, possible to follow, related to fixed term and enable verification (the APA § 55 (1)). In order to ensure timely fulfilment of obligation imposed to the employer with the precept, the labour inspector may issue a warning of penalty payment together with the precept or separately (the LEA § 28, Substitutive Enforcement and Penalty Payment Act § 7 (2)The warning of penalty payment is drafted in the precept or as a separate document together with the precept or later. Drafting of warning of penalty payment and implementation of penalty payment is described in relevant procedure. Precept is issued to the employer via e-mail or signed on paper (HMS § 55 (2)-(3)) on the day of signature. Precept is sent via e-mail, if relevant consent has been received from the party to the procedure (the APA § 55 (3)). An accompanying letter includes the request to confirm receipt of the document immediately with an e-mail returned to the sender.

The labour inspector initiates a misdemeanour procedure, if an act with attributes of misdemeanour has been perpetrated. Misdemeanour procedure is conducted pursuant to the Code of Misdemeanour Procedure and the Code of Criminal Procedure; the supervision procedure does not regulate the conduction of misdemeanour procedure.

The employer is entitled to submit a challenge against a precept in 30 calendar days from the receipt of the precept (the APA § 75) to the director general of LI (the APA § 73) or to an administrative court (the Code of Administrative Court Procedure § 46).

If necessary, the term of submission of challenge may be extended by up to 30 days, notifying the submitter of the challenge (the APA § 84).

Clarification of elimination of violation The labour inspector or secretary registers the notice of the employer about elimination of violations

(incoming letter of the case) on the date of arrival of the notice or on the following workday and adds the received documents into ITI. If the amount of received documents is abnormally high, only the answer of the employer is registered in ITI (accompanying letter or e-mail) together with the list of appendices received.

The labour inspector studies the submitted evidences. If evidences show elimination of violation, the labour inspector registers the violations as eliminated in the data of the inspected case immediately after assessment of the evidences. The labour inspector assesses the content of elimination of violation and makes relevant decision about closure of the procedure or need for follow-up inspection. A follow-up inspection is performed mainly when: in the opinion of the labour inspector, the violations detected during the inspection have major impact on the health or safety of an employee or working and rest time; a warning of penalty payment has been issued to ensure fulfilment of the precept; the labour inspector is not convinced that violation has been eliminated (e.g. the employer notifies of elimination of violations, but does not submit relevant evidences or does not explain the methods of elimination).

If the employer has eliminated violations in part, the labour inspector specifies a new term for elimination of violations not yet eliminated; if necessary, they draft a warning of penalty payment or applies penalty payment. If the employer has not notified the labour inspector of elimination of violation in term, the labour inspector may send a reminder of the term or call the employer. A letter sent to the employer is registered in ITI. If the employer sends an application for extending the term for elimination of violation,

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the labour inspector decides to extend or not to extend the term and notifies the employer of their decision. Upon specification of term, the labour inspector takes account of the content and explanations of the application. If the employer does not submit an application for extending the term for elimination of violation and does not notify labour inspector of elimination of violation, the labour inspector decides to apply penalty payment.

If necessary, the labour inspector conducts a follow-up inspection usually in 1 month from the term of fulfilment of the precept. During the follow-up inspection a follow-up inspection report is drafted, specifying eliminations of violations of the inspection report and precept (if precept has been issued).

The follow-up inspection report is drafted manually during the visit and scanned into ITI after the visit. The follow-up inspection report indicates elimination or non-elimination of the violations, which were specified in the inspection report and precept. If new violations are detected during follow-up inspection, the labour inspector drafts also a new inspection report, specifying the new violations. After return from the visit, the labour inspector creates new visit case in ITI and adds new visit into the inspection report as a related document. New violations are not entered into the data of follow-up inspection.

If precept and warning had been issued to the employer, the labour inspector may decide to apply penalty payment (the labour inspector can make such decision already during drafting the follow-up inspection report, specifying in the column of the penalty payment the points of the precept, which warning of penalty payment is enforced. The basis for application of penalty payment is written confirmation of the employer (answer of the employer) about non-fulfilment of the precept or follow-up inspection report, which confirms non-fulfilment of the precept by the term specified in the warning of penalty payment.

Application of penalty payment is effected as a document related to the visit case, where the precept was drafted (the first visit).

The labour inspector submits the follow-up inspection report to the employer similar to the inspection report on the date of drafting of the report or on the following workday, and provides opportunity to submit opinion and objections in 5 business days. The labour inspector may decide to extend the term of fulfilment of the precept without issuing or applying a warning of penalty payment. The labour inspector notifies the employer of their decisions and registers the sent letter of the case in ITI.

The labour inspector closes supervision procedure and notifies the employer of the fact in free form e-mail or by phone (the APA § 43 (2)), if: during an inspection of the company, the labour inspector did not detect violations of legal acts under supervision of LI; the employer notifies the labour inspector of the fulfilment of the precept and elimination of violation, and submits the evidences confirming elimination of violations to the labour inspector; the labour inspector confirms during a follow-up inspection that the employer has eliminated the violations detected during inspection; elimination of violations is not possible due to termination of operation of the company, i.e. the company is liquidated, court has declared the company bankrupt or made a decision of abatement of bankruptcy (relevant note in the data of the commercial register).

To close the procedure, the labour inspector registers the status of inspection as closed in ITI. Information of the employer is registered as case letter. Usually the labour inspector notifies also the person having submitted a claim of the results of supervision conducted on the basis of a claim (if supervision was performed, violations were detected and precepts were issued). A written claim is answered in writing.

Internal communications

22. Describe the internal communications arrangements in the labour inspectorate. How is information communicated up, down and across the organisation? What influences the use of face-to-face or verbal communications, written communications or electronic communication? How widespread amongst inspectors is the use of e-mail and access to the world wide internet, to a labour inspectorate 'intranet' or other information system?

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Organisation of internal communications of the Labour Inspectorate is based on the operations procedure

and communication standard of the Labour Inspectorate. The main channel of internal communications is intranet, because the units are located in different places

in Estonia. Unit meetings are held regularly. Minutes of management meetings are available in the intranet. Non-formal communication is important. Unit managers meet in seminars couple of times per year. Seminars are held for all servants twice a year. From 2016 regional meetings with the director general are held for all servants.

The operations procedure is based on the following legal acts: Principles for Managing Services and Governing Information; Archives Act; Public Information Act Response to Memoranda and Requests for Explanations and Submission of Collective Addresses Act Administrative Procedure Act; Statutes of the Labour Inspectorate; Statutes of Work Environment Database; Occupational Health and Safety Act; Individual Labour Dispute Resolution From the beginning of 2018 Labor Dispute Resolution Act; Estonian standard „Information and documentation. Document elements and formal requirements. Part 1: Letter“ (EVS 882.1:2013); style guidelines for visual identity of public authorities (Government Office, 10.02.2014).

Internal and external operations are performed electronically, electronic channels are preferred in correspondence with private persons and companies, if possible. All employees use an e-mail address with their name for operations, in the form forename.surname@ti.ee. General e-mail address of the institution is ti@ti.ee. Operating period is calendar year (1 January to 31 December). Following of operations procedure is obligatory for all staff of the Labour Inspectorate (officials and employees). Obligations and responsibilities of employees pertaining to operations: timely registration and proceeding of dckuments; to set and ensure access restrictions to documents, if necessary; to draft documents as required and with correct language; to review documents received via information system (ITI) and e-mail on every business day; in case of temporary absence (more than two business days), to set automatic reply to the letters received at the official e-mail address; to ensure preservation of documents until transfer to the archive of the Labour Inspectorate or destruction.

The documents created and received in the institution are registered, proceeded, signed and preserved in ITI. Document series are created in the register of documents of ITI based on the list of documents and registration of documents is organised pursuant to legal acts. Information system management is based on the information protection policy documents of the institution and the Statutes of Work Environment Database. Access to the information system is granted to an employee when they assume office; their identity is ascertained every time they log into the system with ID card or Mobile ID. Access is closed at the end of the last day of employment relation. The main user of ITI assigned by the director general is responsible for creation and changing of access and user rights.

Access to data is restricted to serial level: an employee can access the series needed for fulfilment of duties of the post. If an employee has entered into ITI with ID card or Mobile ID, the internal documents related to payments (applications of the employee, travel expense claims, route lists etc) are not signed, because submission, certification and approval through ITI is considered equal to signature. The Ministry of Social Affairs is responsible for ensuring operation of the information system without technical failures. The main user of ITI coordinates solution of any problems related to operation of the system and development activities. The Ministry of Social Affairs organises and is responsible for making and preservation of backup copies of the information system. The Ministry of Social Affairs is also responsible for keeping the server operating the information system in a room meeting the security requirements set to the server. Other information systems are used according to procedures (Omniva e-service, information system of bailiffs, e-folder of misdemeanour procedures etc). It is not allowed to use cloud service for managing documents with official access restrictions (file management services of external service providers). Employers and private persons can use the customer portal of the Labour Inspectorate eTI https://eti.ti.ee, where access is granted based on identification through eesti.ee. In the customer portal, the user can view data of the work environment database (ITI) related to them. Employers and private persons can also submit documents and data to the Labour Inspectorate through the customer portal, which arrive into ITI automatically as eTI messages.

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Internal approval of a document takes place in ITI. Successive or simultaneous approval round is created for the document with transfer as necessary. The person having drafted the document monitors the created approval round. Depending on the volume of the document, at least 5 business days is given for the approving parties for approval, in case of large documents 10 business days; 2 business days for signatories. In case of procedures and large documents also the signatory is entered into the approcal round. The approving party revises the document and in case of consent approves it, marking the transfer approved. Upon non-approval an explanation is written in ITI transfer and transferred to the person having drafted the document. If the person having drafted the document amends the document based on the feedback, they send the amended document for approval again. Dissenting opinions are fixed in ITI transfers. In case of documents certified with directives, the responsible executive sends the document after approval to the general secretary together with appendices and other relevant material (LI centre), who checks correctness of drafting of the document, registers the document in ITI in relevant series, and transmits it for signature. After approval no changes may be made in a document, except for document number, date and name of the signatory. As an exception, change can be made upon the order of the signatory, with fixing of the reason of the change in the note.

In their daily work, all labour inspectors use a computer – internet and intranet of LI, LI information system (ITI), receive and send e-mails.

Action taken as a result of the inspection 23. This section is concerned with the action taken as a result of the inspection and how this action is communicated externally to the social partners and other organisations and internally. Please describe: • the overall pattern of action to ensure compliance e.g. the proportion of visits which result in no action being taken, or which result in advice, issue of orders or notices, prosecution report; • the extent to which worker representatives are present in workplaces, and the practicalities of communicating with representatives. • explain typical patterns of communication with other enforcing bodies. Under what circumstances does this take place and how? Within the framework of OSH supervision, all communication takes place with the manager of the company or an authorised employee. In many cases, the work environment specialist of the company is present at supervision activities. If possible, the labour inspectors also talk to representative of employees (work environment representative) during supervision activities – in cases when the size of the company requires the post of such official and the work environment representative can talk to the labour inspector in given moment. Labour inspectors are obliged to register in the database of the Labour Inspectorate (ITI), with whom they talked during supervision activities.

At the end of supervision activities the labour inspector explains the shortages detected during the inspection to the representative of the company, and if possible (i.e. when the inspection report has been drafted on the spot), lets the other party undersign the report. If the the labour inspector does not draft visit report on the spot, it will be sent electronically immediately after the inspection. A precept is drafted for the shortages fixed in the inspection report, in case of which the inspected company cannot eliminate the shortage in 5 business days. Authorised representative of the company shall submit to the labour inspector verification material about elimination of the shortages specified in the precept. If the labour inspector does not consider the submitted verification material sufficient or the character of shortage causes the need for physical check of elimination of the shortage, the labour inspector visits the company during follow-up inspection. For elimination of major shortage, the labour inspector may apply penalty payment, as well as for major OSH violations, which cannot be any more eliminated, or the labour inspector, labour inspector-lawyer or investigator may impose penal fine.

Within the framework of investigation of occupational accidents, labour inspectors-investigators perform tight cooperation with police investigators and the prosecutor’s office in the cases, where the

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Police and Boarder Guard Board has initiated criminal procedure. Usually this involves mutual exchange of the materials collected during investigation activities (e.g. photos of the scene) and investigation summaries. In case of work accidents, where criminal procedure has been initiated, LI provides information to the press only upon prior approval by the prosecutor’s office. In such cases a misdemeanour procedure is never initiated before the receipt of decision concerning imposition or non-imposition of criminal punishment (pursuant to the law, two punishments cannot be imposed for a single violation).

Work environment consultants draft standard format summary of consultation results in the database of the Labour Inspectorate (ITI) and submit it to the employer. The written summary includes proposals for bringing the work environment into conformity and recommendations for more efficient organisation of occupational health and safety aspects and prevention of potential health damages.

After consultation performed in a company, time is given to the employer (usually 1 year) for implementation of proposals and recommendations of the consultant. During this period, labour inspectors do not visit the company for inspection purposes. Exceptions are situations of evident threat to life or health of employees, or if serious or fatal occupational accident has already occurred, or occupational disease has been diagnosed in an employee.

24. Describe how internal records of inspections are organised and stored. • How are employer records structured? By company group, by company, by site address? • By what methods are employers' records stored? On paper; electronically; a mixture of both? How do inspectors get access to these records? • How are records kept for contractors, who may operate on a number of temporary sites? • How are records accessed nationally, and across regional boundaries? All information about the procedures conducted by working environment consultants is inserted in the Labour Inspectorate database ITI and the information in ITI is available under the employers as well as possible to find when using various search criterias.

Data of employers have been structured, based on registry codes of national commercial register. We can also sort employers by their address and e.g. area of activity in the information system. Data collected during visits to employers are structured by conducted inspections (see the appended inspection report). Data of employers and related supervision are stored electronivally in the information system. Inspectors can access the data upon logging in to the information system with identification. External parties may submit information requests for data of employers and view documents on the web page of the authority in electronic document register. Employees (employers) can also read the data concerning themselves in electronic document register.

The Labour Inspectorate is using internal information system, where user accounts have been created for the employees. The information system is accessed by logging in with ID card or mobile ID. User has access to the data needed for fulfilment of their duties.

The information system includes a data card of each employer. From the national commercial register we receive through automatic data exchange the data about name, registry code, address, contact data, area of activity and management board of the employer. These data are updated automatically every night and enable the labour inspectors to find and sort employers in the information system. Furthermoew, we get the number of employees of the company from the register of the Tax and Customs Board.

On the data card of each employer, the labour inspector can view prior inspections of the employer, their results and submitted notices. Labour inspectors register their activities on the data card of the specific employer. The performed procedures (cases) and inspections as well as any notices and documents received from the employer are entered into the data of the employer. Inspection reports are drafted on paper during the inspection or electronically in the information system after the inspection. Labour inspectors draft their decisions, precepts and other correspondence usually electronically in the information system and send them to the employers mainly via e-mail, sometimes

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by post. Documents drafted and received on paper are scanned into the information system. This way the activities and results of labour inspectors are available in the information system. Documents drafted before 2012 are stored on paper in the archive and these data are delivered by secretaries upon request.

Data of employers and supervision are stored with the following structure (list of documents can be added):

3-1Documents concerning visit to and inspection of the employer(inspection reports, precepts, decisions, correspondence)

10 years

3-2 Documents of misdemeanour procedure 5 years3-3 Documents of granting consent and permit 5 years

3-4

Notices of the employer (formation of work environment council, data of work environment specialist and representative, preliminary notices of planned construction activities, reports of work environment council, activities related to biological and carcinogenic risk factors and GMMO)

10 years

3-5 Applications for inspection of work environment of a new building, decisions and correspondence 10 years

3-6Documents of registration and investigation of occupational accidents (notices, reports, correspondence and investigation documents, investigation file)

55 years. If not an occupational accident, stored for 10 years

3-7Documents of registration and investigation of occupational diseases (reports, correspondence, investigation file)

55 years

3-8 Documents of registration of illness caused by work (TPH) (physician’s notice, correspondence) 10 years

Subcontractors of employers, other companies, authorities and citizens can submit information requests for data of the employer and conducted procedures to the Labour Inspectorate, not depending on the region. Secretaries issue data from the information system to the party having submitted the request in suitable way, either electronically or on paper. On national level, documents can also be revised on the web page of LI, in the electronic document register. The document register enables to search data by the time of registration, recipient or sender of the document and responsible official of the Labour Inspectorate.

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