Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Inspection Convention, 1947 (No. 81) - Lithuania (Ratification: 1994)

Legislation. The Committee notes that the Government refers to certain legislative texts, which are not available to the ILO in their current versions. The Committee would be grateful if the Government would communicate copies of the following legislative texts in their current versions: (i) the Act on Public Administration; (ii) the Regulations of the State Labour Inspectorate; (iii) Order No. V-6 of 13 January 2011 of the Chief State Labour Inspector on the rules for scheduled and non-scheduled inspections of economic entities; (iv) the Occupational Safety and Health Act; (v) the Occupational Safety and Health Regulations; (vi) the new version of the Act on Insurance against Occupational Accidents and Diseases which, according to the Government, will come into effect on 1 January 2012; as well as a copy of any other laws that may affect the organization and functioning of the labour inspection system.

Articles 3(1)(b) and 5(b), of the Convention. Preventive activities in the area of occupational safety and health (OSH) and collaboration with employers and workers and their organizations. With reference to the Committee’s previous comments concerning the application of legal provisions relating to OSH, the Government indicates that awareness raising is ensured through regularly updated information on OSH regulations which is available on the website of the State Labour Inspectorate. It also refers to the Act on Public Administration, as amended, which introduces a number of preventive measures including the provision of methodological guidance and advice. As a rule, employers are absolved from liability when they act in conformity with written advice or guidance issued publicly by the head of a supervisory body, even if it subsequently proves to be erroneous.

The Committee further notes the Government’s reference to financial incentives introduced by section 29 of the Act on Insurance against Occupational Accidents and Diseases, which provides that the amount of the social insurance contributions for occupational accidents which is to be paid by the employer, shall be calculated on the basis of the OSH status of establishments, with the State Labour Inspectorate providing the State Social Insurance Fund with the majority of the relevant indicators in this regard. The Committee understands that the OSH status is evaluated on the basis of, among other factors, the outcome of risk assessments which employers have to communicate to the State Labour Inspectorate in accordance with article 39(5) of the OSH Act, in compliance with the provisions of the OSH Regulations and the procedure established by the Chief State Labour Inspector. It further notes that it is planned – subject to the availability of resources – to introduce an e-service for the submission and processing of the relevant information.

The Committee finally notes from the limited statistical information provided in the Government’s report that, between 2008 and 2010, a decrease has been reported in the number of labour inspectors, the number of inspection visits, the number of entities and of workers subject to supervision, and the number of violations reported by the competent authorities, as well as the number of industrial accidents and occupational diseases.

The Committee requests the Government to provide information on the process through which the Labour Inspectorate provides guidance and supervision for the elaboration of risk assessments by employers and their follow-up. It would also be grateful if the Government would provide further information on the preventive activities carried out by the labour inspectorate in the framework of the Act on Public Administration and their impact on the functioning of the labour inspection system and the enforcement of the relevant legislation.

Noting that, in conformity with the Act on Public Administration, as a rule sanctions should only be imposed on an “ultima ratio” basis, the Committee requests the Government to continue to provide statistics on the number of violations detected and the penalties imposed for OSH violations.

Please also provide a description of the mechanism for the recording and notification of occupational accidents and cases of occupational diseases.

Recalling its previous comments on the importance of safety committees or similar bodies, the members of which should be authorized to collaborate directly with the officials of the labour inspectorate when investigations and inquiries into industrial accidents or cases of occupational diseases are carried out, the Committee requests the Government to provide information on all measures taken or envisaged to promote such arrangements of collaboration in the area of OSH. The Committee also once again requests the Government to indicate any further measures taken or envisaged in order to raise awareness among employers and workers on the vital importance of the enforcement of legislation on OSH.

Articles 5(a), 17 and 18. Legal proceedings and penalties. Cooperation between the State Labour Inspectorate and the judiciary. The Committee had previously noted a disparity between the cases referred to the Office of the Public Prosecutor and the number of cases which had actually given rise to legal proceedings and the suggested remedies by the Government, such as the need to strengthen cooperation and the exchange of information between the State Labour Inspectorate and the territorial prosecution offices. Noting moreover the Government’s reference to a meeting between the representatives of the Prosecutor-General’s Office and the State Labour Inspectorate, the Committee requests the Government to provide more detailed information on the measures taken to strengthen cooperation between the State Labour Inspectorate and the judiciary, and once again, to provide information on their impact.

The Committee would be grateful if the Government would provide additional information on the number of cases reported to the office of the public prosecutor, the initiation of relevant criminal proceedings and their outcome, as well as the notification to the State Labour Inspectorate of the decisions taken by the justice system.

Articles 12 and 15(c). Possibility to carry out inspection visits without previous notice and confidentiality of complaints. The Committee notes from the Government’s report that according to the Law on Public Administration as amended in 2010, inspection visits can be either scheduled checks with ten days prior notice to the employer or spot checks which can be carried out without previous notice in certain cases (receipt of a written request from another administration body, if there are reasonable suspicions that an entity is violating the law, in order to ensure that violations identified during a previous check have been eliminated and in cases where the grounds for a spot check are established in the law). The Committee requests the Government to describe the procedure for the handling of complaints by the labour inspectorate and indicate the manner in which the confidentiality of complaints is ensured given that scheduled visits are subject to a ten-day notice to the employer.

Articles 10, 14, 16, 20 and 21. Annual report on the work of the labour inspection services. Noting once again that the central authority publishes an annual report which is publicly available on its website in Lithuanian, the Committee would be grateful if the Government would provide in its forthcoming reports a summary of the content of the annual report in relation to the issues listed in Article 21 of the Convention in order to enable the Committee to fully assess the effect given in practice to the requirements of the Convention.