Guarding of Machinery Convention, 1963 (No. 119) - Latvia (RATIFICATION: 1993)

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

A. General provisions

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

Article 7 of the Convention. Review of the situation regarding occupational safety and health at appropriate intervals. In its previous comment, the Committee requested the Government to provide information on the results of the implementation of the Plan for the Development of the Labour Protection Field 2011–13 and the planning document of the Ministry of Welfare taking into account the situation in the country and the objectives and challenges in the context of the European Union Strategic Framework on Health and Safety at Work 2014–20. It notes that the Government indicates that the current National OSH Strategy is composed of the Strategy for the Development of the Labour Protection Field 2016–2020, the Strategic Action Plan 2016–2018 and the Strategic Action Plan 2019–2020 and that its main objective is to reduce the number of serious and fatal occupational accidents, prevent occupational diseases and increase the level of public awareness of occupational safety and health. The Committee further notes the Government's indication that according to the informative report on the interim evaluation of these measures, the activities and measures set out in the Strategic Action Plan 2016–2018 have contributed to improving the situation in the field of labour protection, especially in terms of raising public awareness and reducing the number of serious and fatal occupational accidents. In addition, the Committee notes the Government's indication that the European Social Fund project “Practical Application of Regulatory Enactments Regarding Employment Relationship and Occupational Safety” will continue until 2023 and aims to improve OSH in enterprises, in particular in high-risk industry. The project includes support for small and medium-sized enterprises, as well as for the assessment of risks in the work environment. Noting the Government's indication that the National Strategy documents are regularly evaluated, the Committee requests the Government to provide detailed information on the results of the implementation of the Strategy for the Development of the Labour Protection Field 2016–2020, the Strategic Action Plans for 2016–2018 and 2019–2020, as well as the result of the European Social Fund project in small and medium-sized enterprises.

Article 12(c). Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. Further to its previous comments, the Committee notes the Government’s reference to sections 31 and 37 of the Cabinet of Ministers Regulation No. 195 of 2008 Regarding the Safety of Machinery which establishes the manufacturer's obligation to carry out the necessary research of the components, equipment and machinery to determine whether, by its design or construction, it is possible to assemble the machinery and use it safely. The Committee notes that the aforementioned provisions refer exclusively to the manufacturer's obligation in relation to equipment and machinery. It therefore requests the Government to provide information on the manner in which it is ensured that those who design, import, provide or transfer machinery, equipment or substances for occupational use undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b).

Application of the Convention in practice. With reference to its previous request concerning measures to address the increase in the number of occupational accidents, the Committee notes the Government's indications that since 2015, the State Labour Inspectorate (SLI) has increased the number of preventive inspections during which it is possible to provide consultation to employers on the measures to be taken to improve the working environment. It also notes the Government's indications on the conduct of thematic inspections covering 600 enterprises in the most dangerous sectors and the intensification of inspections of specific risks in the working environment which allow to reduce the risk of accidents. It further notes the implementation of preventive campaigns, the organization of seminars for employers, workers and labour protection specialists and the publication of informative resources on occupational safety and health. The Committee also notes that the number of occupational accidents and diseases continues to increase since 2015 while the number of fatal accidents remains substantially unchanged. In this connection, the Committee requests the Government to take the necessary measures and intensify its efforts to reduce the number of occupational accidents and diseases and to provide information on the measures taken, the outcome of these measures, as well as on the statistics reported.

B. Protection against specific risks

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

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

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

Article 1 of the Convention. Laws and regulations. The Committee notes the Government’s reference in its report to the 2018 amendment to the Cabinet of Ministers Regulation No. 1284 of 2013 “Procedures for Control and Registration of the Exposure of Workers” which sets a maximum permissible dose of ionizing radiation of 500 mSv received in certain parts of the body (section 25.4) and establishes conditions for the calibration and workplace monitoring of individual dosimeters (Annex 1). It also notes the adoption of Cabinet of Ministers Regulation No. 65 of 2021 “Regulation for the Notification, Registration and Licensing of Activities with Sources of Ionizing Radiation”, following the repeal of Cabinet of Ministers Regulation No. 752 of 2015.

Article 14. Employment involving exposure to ionizing radiation contrary to medical advice. Alternative employment. In its previous comments, the Committee referred to the terms of paragraph 58 of Cabinet Regulation No. 219 of 2009 regarding the procedures for conducting mandatory health examinations, according to which if a health examination shows that a worker is not suited for the work to be performed, an employer shall provide the worker with working conditions without the specific factor of the work environment that is harmful to their health. In this regard, the Committee requested the Government to provide information on any monitoring undertaken with respect to the employers’ obligation under the above provision for workers for whom it has been determined that it is medically inadvisable to continue work involving exposure to ionizing radiations but who have not been diagnosed with an occupational disease. The Committee notes that the Government indicates that the SLI does not have specific information on measures taken by employers with respect to workers exposed to ionizing radiation. It also notes the Government's indication in response to the Committee's previous request on the coverage of the compensation scheme, that it applies to cases in which the occupational disease has been declared. It notes that the compensation prior to the declaration of an occupational disease corresponds to the period of investigation by the medical commission for occupational diseases, which becomes effective once the occupational disease has been declared. The Committee wishes to draw the Government’s attention to paragraph 40 of its 2015 general observation which indicates that employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances in which it has been determined that workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure. In this regard, the Committee requests the Government to ensure, in accordance with paragraph 58 of Cabinet Regulation No. 219, that suitable alternative employment opportunities, not involving exposure to ionizing radiations, be provided to workers for whom it has been determined that, for health reasons, they may no longer continue to be employed in work by reason of which they could be subject to occupational exposure.

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

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

Application of the Convention in practice. With reference to its previous request concerning measures to address the increase in the number of occupational accidents and diseases, the Committee notes the Government's indications on the implementation of preventive campaigns, as well as the conduct of the 2019 thematic inspection focusing on the safe use of equipment in the woodworking, food production and metal industry. The Committee refers to its comment above under Convention No. 155.

C. Protection in specific branches

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

Article 12 of the Convention. Supply of wholesome drinking water to workers. Further to its previous comments in this regard, the Committee notes the Government's indications that in workplaces, water supplied to buildings is used for consumption and that its compliance with drinking water requirements is controlled in accordance with Cabinet of Ministers Regulations No. 671 of 2017 “Mandatory Harmlessness and Quality Requirements for Drinking Water, and the Procedures for Monitoring and Control Thereof”. The Committee notes that these Regulations apply to trade and use in food production (section 2). It notes, however, that its scope of application does not cover offices. The Committee requests the Government to indicate how it is ensured that wholesome drinking water or some other wholesome drink is provided to workers in offices.

Article 14. Suitable seats supplied to workers. With reference to its previous comments on surveillance measures taken to enforce the provision of suitable seats to workers and opportunities to use them, the Committee notes that the Government indicates that the SLI monitors all workplaces and verifies both the risk assessment of the work environment and the measures taken by the employer, including measures where the worker has the opportunity to sit down. In this regard, it notes that the SLI monitors workplaces in relation to the prevention of ergonomic risks and musculoskeletal diseases. The Committee takes note of this information, which addresses its previous request.

Article 6. Inspection and statistics. Application of the Convention in practice. Further to its previous comments, the Committee notes the statistical data provided by the Government, including the number of violations detected by the SLI and the number of occupational diseases reported. It notes that while the number of violations decreased from 2,871 in 2015 to 1,744 in 2019, the number of occupational accidents due to unsatisfactory workplace conditions increased from 102 in 2015 to 125 in 2020. Noting that the Government provides general information regarding OSH statistics, the Committee requests the Government to provide specific information on the manner in which the Convention is applied in practice, including the number, nature and cause of reported occupational accidents and cases of occupational disease in trading establishments and establishments, institutions and administrative services in which the workers are mainly engaged in office work.

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Legislation. The Committee notes the Government’s indication according to which numerous amendments have been made to the legislation in order to improve the implementation of the provisions of the Convention. Particularly, the Committee notes that Cabinet Regulation No. 195 on the safety of machinery (25 March 2008), which repeals Cabinet Regulation No. 186 of May 2000, prescribes detailed measures for workplaces and operating areas and introduces supplementary measures for control systems and protective devices in order to improve the safety of machinery. The Committee requests the Government to continue to provide information on legislative measures undertaken with regards to the application of the Convention.

Application of the Convention in practice. The Committee notes the statistical information provided by the Government concerning the number of suspended equipment and machinery; the number of accidents and occupational diseases reported concerning operators of equipment and machinery; and the number of penalties and violations. The Committee also notes that while the number of reported accidents and occupational diseases had been steadily decreasing since 2009, it has significantly increased in 2013. The Committee requests the Government to provide information on measures undertaken or envisaged to address this increase, and to continue to provide information on the application of the Convention in practice.

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The Committee notes the information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments, which give further effect to the provisions of the Convention, including changes to the 1998 Law on Technical Supervision of Dangerous Equipment prescribing that the implementation of control in the field of technical supervision of dangerous equipment shall be performed by the State Construction Inspectorate, rather than the State Labour Inspectorate. With reference to observations made previously by the Free Trade Union Federation of Latvia regarding the use of obsolete machines and the high risk of accidents, which employees are exposed to in using such machines, the Committee notes the response provided by the Government indicating that safety requirements apply to both new and used machinery. The Committee also notes the responses provided regarding effect given to Articles 2, 4 and 11 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the number of suspended equipment and machinery; the number of accidents and occupational diseases reported concerning operators of equipment and machinery; and the number of penalties and violations. The Committee also notes that there has been an increase in the number of reported accidents and occupational diseases since 2004. The Committee asks the Government to provide information on measures undertaken or envisaged to address this increase; and to continue to provide information on the application of the Convention in practice.

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The Committee notes the detailed information provided by the Government in its report for the period ending 1 June 2003.

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes the numerous legal provisions quoted by the Government in its report establishing the producer’s, service provider’s, manufacturer’s, seller’s duties to produce, to put into circulation only safe products and services, to give to consumer complete information regarding the safety of the goods and services (sections 4(1) and (2), 8(1) and (2), of the Product and Services Safety Law, 2000; sections 13(1) and (2), 17 and 19 of the Consumer Rights Protection Law, 1999); establishing the dangerous equipment holder’s duty to register such equipment before its use (paragraph 2 of the Cabinet of Ministers’ Regulations on the Registration Procedure of Dangerous Equipment, 2000). The Committee notes that the Government refers to provisions of the Cabinet of Ministers’ Regulations on Safety Machines, 2000, which provide for the prohibition to sell machines which have not been appropriately labelled and assessed, as well as for the permission to place on the market only a machine which complies with the essential safety and harmlessness requirements.

The Committee recalls that these provisions of the Convention formally prohibit the sale, hire, transfer in any other manner and exhibition of machines of which the dangerous parts are without appropriate guards. The Committee requests the Government to provide information about the manner to give effect (in law and in practice) to these provisions. The Committee also requests the Government to supply, with its next report, the texts (English translation, if available) of the abovementioned Product and Services Safety Law, 2000, the Consumer Rights Protection Law, 1999, the Cabinet of Ministers’ Regulations on Safety of Machines, 2000, the Cabinet of Ministers Regulations on the Registration Procedure of Dangerous Equipment, 2000, as well as the Law on Technical Supervision of Dangerous Equipment, 1998.

Article 2, paragraphs 3 and 4. The Committee notes that the Government refers to numerous legal texts related to the safe use of different groups of machines or their parts liable to present danger to any person coming into contact with them. The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to ensure that all the dangerous parts requiring guards, listed in the Convention, as mentioned in the relevant provisions of laws and regulations.

Article 4. The Committee notes that the Government refers to legal provisions related to the duty to produce safe products, to provide safe services, to register dangerous equipment with the state labour inspection and to receive a permit to use which rest on the manufacturer, seller, service provider, holder of dangerous equipment (section 13 of the Consumer Rights Protection Law; section 14 of the Law on Technical Supervision of Dangerous Equipment, 1998). The Committee requests the Government to indicate the measures taken or envisaged, including the adoption of law or regulations provisions, which establish the obligation of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate, under national laws or regulations, of their respective agents to ensure the compliance with the provisions of Article 2 of the Convention, i.e. the prohibition or prevention by effective measures of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate grounds.

Article 11. The Committee notes section 17 of the Labour Protection Law, 2001, which lays down that employees have obligation to: take care of their own safety and the safety and health of those persons who are affected or may be affected by the work of employees; to use collective protective equipment; and to refrain from arbitrarily starting, changing or moving the relevant safety devices. The Committee also notes the general employers’ obligation to ensure the functioning of the labour protection system in the undertaking stipulated in section 5 of the same Law. The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to ensure that no worker shall be required to use any machinery without the guards provided being in position.

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The Committee takes note of the detailed information provided by the Government in its report. The Committee notes the adoption of legal texts including the Labour Law, 2001, the Labour Protection Law, 2001, the State Labour Inspection Law, 2001, the Law on Technical Supervision of Dangerous Equipment, 1998, as well as a series of Cabinet of Ministers’ regulations.

With reference to its previous comments relating, inter alia, to the observation made by the Free Trade Union Federation of Latvia (LBAS), the Committee notes that the Government supplied no response or comments on this observation. The Committee recalls that the observation in question alleged that the Convention has only partly been applied because of the use of obsolete machines, and pointed out the high risk of accident to which employees are exposed using such machines.

The Committee therefore recalls that the Convention applies equally to new and to second-hand machinery (Article 1 of the Convention and paragraph 20 of the General Survey on the guarding of machinery and the working environment (air pollution, noise and vibration, 1987). With respect to such obsolete machines, so as to new ones, the sale, hire, transfer in any other manner, exhibition and use of machinery of which the dangerous parts are without appropriate guards, is prohibited or prevented by other equally effective measures (Articles 2 and 6); the obligation to ensure compliance with the abovementioned provisions rests on the vendor, the exhibitor, the person letting out on hire or transferring the machinery in any other manner, the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, on their respective agents, when appropriate under national laws or regulations, and on the employer (Articles 4 and 7).

With respect to the provisions of Article 9 and Article 17 allowing temporary exemption or limited application of the Convention, the Committee notes from the Government’s report that this instrument is applicable in all areas of economic activities and the country does not apply temporary exemptions in the field of machine safety.

The Committee requests the Government to indicate the measures taken to apply the abovementioned provisions of the Convention to those machines which are obsolete but still used.

The Committee is addressing a request directly to the Government on some other points.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Referring to its previous comments, the Committee recalls the observation made by the Free Trade Union Federation of Latvia (LBAS) alleging that the Convention was only partly applied because of the use of obsolete machines, and pointing out the high risk of accident to which employees are exposed using such machines. The Committee recalls that under Article 1 of the Convention, the Convention applies to all power-driven machinery, new or second-hand. With respect to all such machinery, Articles 2 and 6 prohibit the sale, hire, exhibition and transfer in any other manner, as well as the use of machinery if their dangerous parts specified in paragraphs 3 and 4 of Article 2 are without appropriate guards or are not protected by other equally effective measures. The obligation to ensure compliance with the above-mentioned provisions rests, in accordance with Articles 4 and 7, on the vendor, the exhibitor, the person letting out on hire or transferring the machinery in any other manner, the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, on their respective agents, when appropriate under national laws or regulations, and on the employer. The Committee requests the Government to indicate the measures taken to apply the above-mentioned provisions of the Convention to all categories of power-driven machinery, including those which are obsolete but still used. Please supply the English translation (if available) of the national legislation referred to in the Government's first report giving effect to the Convention with respect to all categories of machinery.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that the Government's report has not been received. Referring to its previous comments, the Committee recalls the observation made by the Free Trade Union Federation of Latvia (LBAS) alleging that the Convention was only partly applied because of the use of obsolete machines, and pointing out the high risk of accident to which employees are exposed using such machines.

The Committee recalls that under Article 1 of the Convention, the Convention applies to all power-driven machinery, new or second-hand. With respect to all such machinery, Articles 2 and 6 prohibit the sale, hire, exhibition and transfer in any other manner, as well as the use of machinery if their dangerous parts specified in paragraphs 3 and 4 of Article 2 are without appropriate guards or are not protected by other equally effective measures. The obligation to ensure compliance with the above-mentioned provisions rests, in accordance with Articles 4 and 7, on the vendor, the exhibitor, the person letting out on hire or transferring the machinery in any other manner, the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, on their respective agents, when appropriate under national laws or regulations, and on the employer.

The Committee requests the Government to indicate the measures taken to apply the above-mentioned provisions of the Convention to all categories of power-driven machinery, including those which are obsolete but still used. Please supply the English translation (if available) of the national legislation referred to in the Government's first report giving effect to the Convention with respect to all categories of machinery.

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The Committee notes with interest the Government's first report. It would be grateful if the Government would supply shortly the English translation (if available) of the texts of national legislation referred to in the Government's report, in order to make it possible to assess the application of the Convention in Latvia.

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The Committee takes note of the comments provided by the Free Trade Union Federation of Latvia (LBAS) relating to the application of the Convention. The LBAS considers the Convention as partly applied because of the use of obsolete machines: the employees have higher risk of accidents. In the absence of a reply by the Government, the Committee hopes that the Government will supply full information on any measures taken to apply the Convention to all power-driven machinery.