White Lead (Painting) Convention, 1921 (No. 13) - Latvia (Ratification: 1924)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 7 of the Convention. Statistics. Application of the Convention in practice. The Committee notes the Government’s indication that out of the ten cases of occupational diseases confirmed between 2009 and 2011, two cases of chronic poisoning were directly caused by lead and its compounds, while lead was one cause among others in the eight other cases. The Committee also notes that the occupations with regard to which diseases were confirmed include a medical nurse, a welder, printers, operators and a ceramic glazer. The Committee invites the Government to continue to supply information on the application of this Convention in practice, including statistics as to morbidity and mortality with regard to lead poisoning, disaggregated by occupation if possible, and on the measures taken to reduce the number of cases of occupational diseases concerned.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 Regulation No. 908 of 6 November 2006 on Procedures for the Investigation and Registration of Occupational Diseases. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 7 of the Convention, in conjunction with Part V of the report form. Statistics and application in practice. The Committee notes the information provided by the Government specifying occupations other than painting where lead has been used, including metal processing machine operators, loaders, warehouse workers, salespersons, assemblers of electronic and similar items, metal construction assemblers and mechanical engineer specialists. The Committee welcomes the Government’s statement that the number of reported cases of occupational diseases caused by lead or lead compounds was seven in 2004, one in 2007 and two in 2008, which is a significant decrease from the 53 cases reported between 2001 and 2003. The Committee further notes the information indicating that if during the

performance of their work it is established that an employee is subject to exposure of chemical substances, prevention and reduction of risk shall take place according to chapter 3 of Cabinet Regulation No. 325 of 19 May 2007 on Prevention and Reduction of Risk (replacing Regulation No. 399). The Committee invites the Government to continue to supply information on the application of this Convention in practice, including statistics as to morbidity and mortality with regard to lead poisoning, disaggregated by occupation if possible.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s comprehensive report. It notes in particular the information supplied by the Government with regard to Article 2 and Article 5 of the Convention. The Committee also notes the number of regulations adopted to enhance the application of the Convention. With reference to its previous comments, the Committee would draw the Government’s attention to the following point.

Article 7, in conjunction with Part V of the report form. Statistics and practical application. The Committee notes the Government’s indication that each case of work-related lead intoxication shall be investigated and registered in the national Register of Occupational Diseases of the Republic of Latvia as a case of occupational disease and included in the list of occupational diseases, and every case of death due to lead poisoning at the workplace shall be registered as an occupational accident. The Government specifies that in the event of the discovery of a case of lead poisoning, the Consultative Commission of the Doctors in Occupational Diseases, upon the request of the family doctor, shall examine the poisoned person to determine whether the illness is profession related and to diagnose the possible occupational disease in line with the Cabinet of Ministers Regulation No. 119 concerning the List of occupational diseases of 31 March 1998. With regard to the cases of lead poisoning detected until 31 December 2003, the Government indicates that the total number of diagnosed cases of occupational lead poisoning is 212, and that between 1 July 2001 and 31 December 2003, 52 cases of chronic diseases due to lead poisoning have been stated in occupations where lead was not used for painting purposes. The Committee therefore requests the Government to specify the work other than painting work where lead has been used. It further requests the Government to indicate the measures taken or envisaged, particularly in the framework of the Cabinet of Ministers Regulation No. 399 concerning labour protection requirements when in contact with chemical substances at workplaces, of 3 September 2002, articles 20 to 25 of which more specifically provide for measures of risk elimination and reduction of risks caused by chemical substances and products, in order to reduce the use of lead in operations for which their use is not prohibited. The Committee finally invites the Government to continue to supply information on the practical application of this Convention in the country.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 2, in conjunction with Article 5, of the Convention. The Committee notes with interest the provision of article 1 of the Regulations No. 158 on "Restrictions and Prohibition to Utilise and Market Hazardous Chemical Substances and Hazardous Chemical Products", in conjunction with No. 17 of Annex 1 prohibiting the use of lead carbonates and lead hydrogen carbonates as substances and components of products in paints with the exception of paints used for maintenance and restoration of works of art as well as the preservation and maintenance of historical buildings and their interior.

With regard to regulations determining health and safety requirements at work regarding the use of white lead in painting, the Committee notes the Government’s indication that no legal acts have been elaborated. However, when white lead is used, the Regulations No. 158 have to be considered. In this respect, the Committee points out that the above Regulations read together with Annex 1 provide only for the enumeration of hazardous substances or agents for which the use is restricted or prohibited, but they do not prescribe measures to be taken to prevent dangers arising from the application of painting containing white lead in operations for which its use is not prohibited, as called for in Article 5 of the Convention. The Committee accordingly requests the Government to indicate the measures taken or contemplated to regulate the safety and health requirements that have to be taken at the workplace when white lead is used, in conformity with the principles enshrined in Article 5 of the Convention.

In this context, the Committee further notes that according to the information provided by the biggest restoration companies in the country, white lead was not used in restoration work for the last four years. Moreover, according to the data collected by the Customs Department of the State Revenue Service, lead hydrogen carbonates have not been imported to the country in the year 2000.

Article 7. The Committee notes the Government’s indication that according to the data of the State Labour Inspectorate on registered occupational diseases (cases of chronic lead poisoning), no case of intoxication with white lead contained in painting has been registered in Latvia in the year 2000. The Committee invites the Government to continue to supply statistics on the morbidity and mortality due to lead poisoning.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. Article 2, in conjunction with Article 5, of the Convention. The Committee notes the Government's indication to the effect that white lead is not used in painting in the country and therefore not regulated by legislation. However, the Cabinet of Ministers has elaborated draft regulations concerning the "Restrictions for the use and sale of dangerous chemical agents and hazardous chemical products" according to which the use of white lead (sulphate of lead) is prohibited with the exception of paints used for restoration work as well as the preservation and maintenance of historical buildings, their interiors and works of art. The Committee accordingly asks the Government to indicate the laws and regulations issued to regulate the use of white lead in painting operations for which its use is not prohibited, in conformity with Article 5 of the Convention, and in consultation with the employers' and workers' organizations, as called for in Article 6 of the Convention. Moreover, the Committee requests the Government to supply a copy of the regulations concerning the "Restrictions for the use and sale of dangerous chemical agents and hazardous chemical products" as soon as they are adopted.

2. Article 7. The Committee notes the Government's indication that, according to the statistical data issued by the Centre of Occupational and Radiological Medicine at P. Stradins Hospital on registered occupational diseases (cases of chronic lead poisoning), no cases of lead poisoning arising from the use of paint containing lead have been registered since 1995 in the country. The Committee invites the Government to continue to supply statistics as regards morbidity and mortality due to lead poisoning.