The Occupational Health and Safety Act (OHSA) is a central piece of legislation that establishes the rights and responsibilities of employers and employees in ensuring a safe and healthy workplace.

Employer Responsibilities

Under the OHSA, employers have extensive responsibilities. These include conducting regular risk assessments to identify and mitigate hazards in the workplace, providing a work environment free of hazards that could endanger health and safety, and instructing and training employees on workplace hazards, safe work practices, and the use of protective equipment.

Employers are also required to maintain adequate first aid facilities and have emergency response plans in place. They must arrange for health surveillance of employees if their work exposes them to specific health risks. Employers are also responsible for supplying necessary Personal Protective Equipment (PPE) to employees, ensuring its use, and bearing the associated costs.

Furthermore, employers are obligated to consult meaningfully with employees or their representatives on health and safety matters, including the development of safety procedures.

Employee Rights

The OHSA grants employees the right to receive information about workplace hazards, safety measures, and the results of risk assessments. Employees also have the right to refuse work if there is a serious and imminent danger to health and safety, without suffering repercussions.

Additionally, employees have the right to contribute to the development of health and safety policies and procedures within the workplace. They also have the right to undergo health surveillance where necessary due to the nature of their work.

Specific Requirements and Regulations

The OHSA is supplemented by several regulations focusing on particular aspects of health and safety. These include regulations addressing the handling, storage, and disposal of hazardous chemicals, setting exposure limits and preventative measures for noise and vibration, specifying technical safety requirements and inspection procedures for work equipment, and addressing specific hazards and safety measures in the construction industry.

Enforcement and Supervision

The Labour Inspectorate is the primary agency tasked with enforcing occupational health and safety regulations. They conduct workplace inspections, investigate accidents, and can issue fines and improvement notices for non-compliance.

Additional Notes

Employers and employees are obligated to cooperate in creating a safe and healthy work environment. Severe or repeated violations of the OHSA can result in criminal penalties.

Occupational health and safety (OHS) is a crucial aspect of any workplace, and in Estonia, it is governed by the Occupational Health and Safety Act (OHSA). This act outlines the responsibilities of both employers and employees, risk management strategies, and medical surveillance requirements. The Ministry of Social Affairs is the main body responsible for formulating and implementing OHS policies across the country, while the Labour Inspectorate enforces these regulations through inspections and investigations.

Employer Responsibilities

Employers have a range of responsibilities under the OHSA. They are required to conduct regular and thorough assessments of workplace hazards and develop action plans to mitigate identified risks. This includes implementing appropriate measures to eliminate or reduce occupational risks, such as engineering controls, administrative measures, and providing personal protective equipment (PPE).

Employers are also required to provide employees with comprehensive safety instructions for tasks, equipment, and emergency procedures. They must arrange for health checks and medical examinations for employees exposed to specific hazards, as required by the OHSA. Additionally, employers must maintain accurate records of workplace accidents, injuries, illnesses, and near misses, and report serious incidents to the Labour Inspectorate. Finally, employers must establish mechanisms for employees to raise safety concerns and participate in OHS decision-making.

Employee Rights and Responsibilities

Employees also have rights and responsibilities under the OHSA. They are required to adhere to established safety rules and procedures, use provided PPE, and participate in OHS training. Employees must inform the employer or safety representatives of potential risks immediately. They also have the right to refuse work they believe poses an imminent danger to their health and safety. Furthermore, employees are encouraged to actively participate in OHS discussions and improvement efforts.

Industry-Specific Focus Areas

While Estonia's OHS laws apply universally, there are additional regulations and guidelines addressing specific hazards in different sectors. For example, in the construction sector, there are regulations regarding height-related safety, machinery risks, and confined spaces work. In manufacturing, there are guidelines for dealing with chemical hazards, noise, repetitive motion stresses, and machine guarding. In health care, there are regulations for exposure to biological agents, sharps injuries, and patient handling. And in agriculture, there are guidelines for dealing with pesticide risks, machinery hazards, and animal-related injuries.

Ongoing Initiatives and Resources

Estonia has a national strategy outlining OHS focus areas and targets for improvement, known as the Estonian Occupational Health and Safety Strategy. The country also participates in European awareness-raising campaigns on issues like workplace stress and musculoskeletal disorders. The Labour Inspectorate and other agencies provide educational materials, guides, and training programs to support OHS compliance.

Workplace inspections in Estonia are a crucial tool to ensure compliance with health and safety regulations. The Labour Inspectorate (Tööinspektsioon) is the body responsible for conducting these inspections. The main objectives of these inspections include identifying potential risks or hazards in the workplace, verifying whether employers adhere to the Occupational Health and Safety Act and associated regulations, and offering advice and information to both employers and workers on improving workplace health and safety conditions.

Workplace Inspection Procedures in Estonia

Workplace inspections can be categorized into general inspections, targeted inspections, new construction inspections, personal protective equipment (PPE) market surveillance, and follow-up inspections. Inspections are typically announced beforehand, with exceptions for construction sites and complaint-related cases. The on-site inspection process includes an opening meeting, a workplace walkthrough, interviews, document review, and a closing meeting.

Inspection Criteria

Workplace inspections in Estonia cover an extensive range of health and safety aspects. Key areas include the physical work environment, machinery and equipment safety, hazardous substances, ergonomics, fire and electrical safety, first aid and emergency procedures, and risk assessments and management systems.

Inspection Frequency

The frequency of inspections depends on the company's risk profile, size, and past compliance history. However, all workplaces must expect an inspection at some point in time.

Follow-Up Actions

After the inspection, a detailed report documenting findings and highlighting any violations is provided. In case of violations, the inspector can issue legally binding orders with deadlines for rectification. Penalties may be imposed for non-compliance with regulations or for obstructing inspections. In cases of severe violations, there is potential for temporary closure of the workplace or criminal proceedings.

In Estonia, employers have a legal obligation to report workplace accidents to the relevant authorities. The specific authorities and timeframe for reporting depend on the severity of the accident. Serious or fatal accidents must be reported immediately to the Labor Inspectorate and the Police (if fatal). Accidents resulting in temporary incapacity to work must be reported in writing by a doctor to the Labor Inspectorate. The employer is also required to keep records on site of all accidents reported by a doctor.

Investigation of Workplace Accidents

The Labor Inspectorate is the main body responsible for investigating workplace accidents. The aim of their investigation is to establish the causes and circumstances of the workplace accident, determine any breaches of regulations, and propose measures to prevent similar accidents in the future.

Employers are obligated to fully cooperate with the Labor Inspectorate's investigations. They must also conduct their own internal investigation, identifying root causes and corrective actions. A report must be created within three business days after the investigation has concluded, for accidents resulting in temporary work incapacity or fatality.

Compensation for Workplace Accidents

Employees injured at work are entitled to compensation for damages. This includes medical expenses, loss of income (both temporary and permanent), and funeral expenses in the case of death.

Employers are generally liable for providing compensation for work-related injuries. If intentional harm or extreme negligence is attributed to the employer, additional compensation may be awarded.

Estonia is considering introducing a mandatory occupational accident insurance scheme. Under such a system, employers would pay insurance premiums covering employee compensation in case of workplace accidents.