Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - 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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Article 12 of the Convention. Supply of wholesome drinking water to workers. The Committee notes the Government’s indication that Regulation No. 235 of the Cabinet of Ministers has been amended on 24 April 2014, to prescribe that the testing of drinking water shall be carried out by a laboratory, which is accredited by the limited liability company “Standardization, Accreditation and Metrology Centre” in the Latvian National Accreditation Bureau, in accordance with the laws and regulations in force. It also notes the Government’s statement that Regulation No. 359 of 28 April 2009 prescribes that in outdoor workplaces, employees shall be provided with drinking water (subparagraph 10). The Commission also notes the Government’s indication that employers more frequently offer employees beverages. However, the Committee observes that the aforementioned Regulations and Amendments do not appear to provide for sufficient supply of wholesome drinking water to all workers, particularly for indoor workers as the scope of application of the Conventions includes workers who are mainly engaged in commerce or office work. The Committee requests the Government to provide information on the specific measures undertaken or envisaged with a view to ensuring that a sufficient supply of wholesome drinking water, or of some other wholesome drink, is made available to all workers covered by the Convention.

Article 14. Suitable seats supplied to workers. The Government indicates that when employees work in a standing position, the employer must provide a chair for the employee to sit down, and that the state labour inspectorate tests both the work environment risk assessment and the measures taken by the employer to assess whether the employee has had the opportunity to sit down. The Committee recalls that sufficient and suitable seats should be supplied for all workers and that, as far as possible, work stations should be so arranged that those who work standing may discharge their duties sitting whenever compatible with the nature of the work. The Committee requests the Government to specify the surveillance measures that the state labour inspectorate takes in order to enforce this obligation under this Article of the Convention.

Article 6. Inspection and statistics. Application of the Convention in practice. The Committee notes the statistical information provided by the Government in its report, including the number of violations detected by labour inspectors. However, the Committee also notes that in the reporting period the percentage of violations in the field of labour protection which have been corrected has dropped from 90.7 per cent to 76.3 per cent although there is no analysis of the reasons for this. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including, where available, information on the number of workers covered, the number and nature of contraventions reported, and the number, nature and cause of occupational accidents and diseases reported. The Committee also requests the Government to provide a fuller analysis and explanation of any statistics, including in relation to the correction of any violations.

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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. The Committee also notes the response and attached documentation provided by the Government with regard to Article 18 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 12. Supply of wholesome drinking water to workers. The Committee notes the Government’s inclusion of the Cabinet of Ministers’ Regulation No. 235 concerning mandatory requirements for the harmlessness and quality of drinking water, and monitoring and control procedures thereof. The Committee notes that this Regulation does not appear to provide for the supply of wholesome drinking water to workers. The Committee requests the Government to provide information on measures undertaken or envisaged to ensure that a sufficient supply of wholesome drinking water, or of some other wholesome drink, is made available to workers.

Article 14. Suitable seats supplied to workers. The Committee notes the response provided by the Government indicating that in accordance with section 4 of the Labour Protection Law, work shall be adapted to the individual, particularly with regards to the design of workplaces and work equipment. The Government states that Cabinet Regulation No. 125 of 29 March 2002 on Requirements for Labour Protection in Workplaces, requires employees to be provided with comfortable and accessible resting zones, including the provision of a sufficient number of seats with backrests. The Committee reiterates its requests that the Government indicate the measures taken or envisaged to ensure sufficient and suitable seats are supplied for workers outside of rest periods, and that workers are given reasonable opportunities to use them.

Article 6, in conjunction with Part IV of the report form. Application in practice. The Committee notes the statistical information provided by the Government in its report, including the number of violations in the field of labour inspection. The Committee notes that since 2004 an average of 96 per cent of violations in the field of labour protection have been eliminated. The Committee invites the Government to continue to provide information on the manner in which the Convention is applied in practice in the country.

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The Committee takes note of the Government’s report. It notes the information supplied by the Government with regard to Article 6, paragraph 2, and Articles 16 and 17 of the Convention.

Further to its observation and with reference to its previous comments, the Committee draws the Government’s attention to the following points on which additional measures are required.

1. Article 12. The Committee notes the Government’s indication that the Cabinet of Ministers’ Regulations No. 235 concerning mandatory harmlessness and quality requirements of drinking water, monitoring and control procedure thereof, of 29 April 2003, gives effect to this Article. The Committee, without having been in a position to examine the Regulations No. 235, however, notes that the latter Regulations would address in the first place the quality requirements of the drinking water and do not provide for the supply of wholesome drinking water to the workers. The Committee therefore requests the Government to supply a copy of the above Regulations for its examination.

2. Article 14. The Committee notes that neither the Labour Protection Law of 2001 nor the Cabinet of Ministers’ Regulations No. 125 of 19 March 2002 concerning the requirements for labour protection in the workplace contain provisions providing for suitable seats. It accordingly requests the Government to indicate the measures taken or envisaged to give effect to this Article of the Convention. To this effect, the Government may find useful guidance in the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120), as provided for by Article 4(b) of the Convention.

3. Article 18. The Committee notes the Government’s indication that the Cabinet of Ministers’ Regulations No. 66 concerning the labour protection requirements for safeguarding of the employees against risks arising from noise of the working environment, of 4 February 2003, provide for labour protection requirements of workers against the risks occurring by noise in the working environment, especially if deterioration of the hearing of the worker is to be feared. The Committee requests the Government to communicate the text of the above Regulations for further examination. It further notes with interest paragraph 12.7 of the Cabinet of Ministers’ Regulations No. 125 of 19 March 2002 concerning the requirements for labour protection in the workplace providing that noise caused by ventilation and air-heating devices must not exceed the permissible noise level. Paragraph 28.8 of the latter Regulations prescribes, inter alia, that workers shall not be exposed to noise that exceeds the maximum permissible level prescribed by regulatory enactments. The Committee requests the Government to indicate whether such regulatory enactments have been already issued, and, if that is the case, to supply a copy for further examination of the Committee. As to vibrations, the Committee notes the adoption of the Cabinet of Ministers’ Regulation No. 284 of 13 April 2004 concerning labour protection requirements for safeguarding of employees against risks of vibration in the work environment, to transpose the requirements and principles set forth in Council Directive 2002/44/EC on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration). It notes that the above Regulation will come into force on 1 July 2005. As to the content of Regulation No. 284 of 2004, the Government indicates that the provisions of this Regulation give full effect to the requirements set forth in Article 18 of the Convention with regard to vibrations, as it requires the employer to prevent vibrations or reduce them to the lowest possible level. Moreover, the employer is obliged to provide workers with sufficient individual protective means free of charge to them. The Committee, while taking due note of the Government’s indications on the content of Regulation No. 284 of 13 April 2004, requests the Government to supply a copy of it to enable the Committee to determine the extent to which this Regulation gives indeed effect to Article 18 of the Convention.

4. Article 6, in conjunction with Part IV of the report form. Practical application. The Committee notes the information supplied with the Government’s report on the data contained in the report of the State Labour Inspection for the year 2003. It notes with concern that an important number of violations detected concerned labour protection issues. It notes, however, that 85.6 per cent of the violations detected have already been corrected. The Committee finally notes the Government’s indications on the number of companies in the sector covered by the Convention as well as the number of workers covered by the legislation designed to give effect to this Convention. The Committee invites the Government to continue to provide information on the manner in which the Convention is applied in practice in the country.

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1. The Committee takes note of the adoption of the Labour Protection Law of 20 June 2001, effective since 1 January 2002, which repeals the Labour Protection Law of 1993, as well as the adoption of the Cabinet of Ministers’ Regulations No. 125 of 19 March 2002 concerning the requirements for labour protection in workplaces, and the Cabinet of Ministers’ Regulations No. 159 of 25 April 2000 concerning the use of personal protective equipment at work.

2. The Committee notes with satisfaction the Cabinet of Ministers’ Regulations No. 125 of 19 March 2002 concerning the requirements for labour protection in workplaces, adopted by virtue of section 25 of the Labour Protection Law of 2001, to ensure the application of the general principles set forth in Part II of the Convention and thus applying Article 4 of the Convention.

3. The Committee further notes the following provisions of the Cabinet of Ministers’ Regulations No. 125 of 19 March 2002 concerning the requirements for labour protection in workplaces: paragraph 30.3 applying Article 7 of the Convention; paragraph 12 applying Article 8 of the Convention; paragraph 15 applying Article 9 of the Convention; paragraph 14 applying Article 10 of the Convention; paragraph 22 applying Article 11 of the Convention; paragraph 25 applying Article 13 and Article 15 of the Convention; and paragraph 27 applying Article 19 of the Convention.

4. The Committee finally notes paragraph 3.1, in conjunction with subparagraphs 3.1.4 and 3.1.7, of the Regulations of the National Tripartite Cooperation Council of 30 October 1998, providing for consultations on, inter alia, draft laws and regulations concerning health promotion and the implementation of ratified ILO Conventions to be held within the National Tripartite Cooperation Council for Labour Protection which is composed of representatives of the Government (Cabinet of Ministers), employers (Latvian Employers’ Confederation) and workers (Latvian Free Trade Unions Association) which thus gives effect to Article 5 of the Convention.

The Committee is also raising other points in a request addressed directly to the Government.

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The Committee notes the information supplied in the Government's first report. It would draw the Government's attention to certain points.

1. Article 5 of the Convention. The Committee notes that section 20 of the Labour Protection Act provides for cooperation between employers and employees on issues of labour protection. For this purpose, labour protection boards are set up or, in enterprises with less than 50 employees, proxies are appointed by employees or their trade union. The Committee points out that Article 5 of the Convention calls for prior consultations regarding laws or regulations on safety and hygiene matters designed to give effect to the provisions of the Convention. The Committee accordingly requests the Government to indicate whether and, if so, in which manner consultations have taken place to this effect with the representative organizations of employers and workers concerned.

2. Article 6, paragraph 2. The Committee notes that both the Labour Inspection Act and the Regulations No. 53 on Statutes on Labour Inspection do not provide for penalties applicable in case of any infringement of the legislation on safety and hygiene issues. It would request the Government to indicate in its next report what penalties are applicable in cases of violation of the legislation in question. However, if those penalties do not exist, the Committee would ask the Government to indicate the measures envisaged to ensure the application of this Article.

3. Article 7. The Committee notes that section 6 of the Labour Protection Act provides for places of work, aisles and roads to be kept tidy and in order. The Committee would point out that Article 7 of the Convention calls for properly maintained and clean premises. The Government is asked to provide additional information on the measures taken or envisaged in order to satisfy this requirement.

4. Article 17. The Committee notes that section 7 of the Labour Protection Act stipulates that the use of harmful substances is only allowed in working places equipped in accordance with the norms of labour protection. The Committee accordingly would request the Government to specify the norms of labour protection to which section 7 of the Labour Protection Act refers. The Committee also notes that this section of the Labour Protection Act does not prescribe personal protective equipment. It requests the Government to provide additional information on measures taken or envisaged to ensure that full effect is given to this provision of the Convention.

5. Articles 4, 8, 9, 10, 11, 12, 14, 15, 16 and 18. The Committee notes that the provisions of the Labour Protection Act only concern the requirements as regards the working environment. It also notes the Government's indication in its report according to which the requirements of these Articles found in Part II of the Convention are regulated by legal acts, however, without giving any further specification in this regard. The Committee would point out that the provisions of the Labour Protection Act do not ensure full observance of the detailed requirements set forth in Part II of the Convention. It recalls that Article 4 of the Convention requires the adoption of laws or regulations to ensure compliance with each specific obligation found in Part II of the Convention. The Committee states that the following Articles of the Convention have no analogue in the Latvian legislation: Article 8 (ventilation of premises); Article 9 (sufficient and suitable lighting); Article 10 (comfortable and steady temperature); Article 11 (safe and healthy organization of workplaces); Article 12 (supply of wholesome drinking water); Article 14 (suitable seats); Article 15 (suitable facilities for workers to change, leave and dry clothes which are not worn at work); Article 16 (standards of hygiene in underground and windowless premises); and Article 18 (reduction of noise and vibration). The Committee would be grateful if additional information could be supplied on measures taken or contemplated to give effect to these Articles of the Convention. It wishes to point out that for this purpose, and as provided for by Article 4(b) of the Convention, the Government may find useful guidance in the Hygiene (Commerce and Offices) Recommendation, 1964.