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Official Translation Official Translation REPUBLIC OF LITHUANIA LAW ON OCCUPATIONAL HEALTH CARE March 18,

  1. No. VIII - 1095 CHAPTER I GENERAL PROVISIONS ARTICLE
  2. Purpose of the Law This Law shall establish the fundamentals of occupational health care of the employees of enterprises, institutions, organisations, economic associations, agricultural companies, farmer’s farms, and natural person (further - enterprises) according to a labour contract or on the basis of membership. ARTICLE
  3. Application of the Law This Law shall be applied to enterprises located on Republic of Lithuania territory. ARTICLE
  4. Basic Definitions of This Law
  5. Occupational Health Care means activity of the institutions of labour medicine and labour hygiene, which shall be an integral part of the system of employee protection and health.
  6. Labour Medicine means a sphere of medicine involving observation of the state of health of employees, identification of health damage and causes of work-related occupational diseases, research in the forms of manifestation of this damage and diseases, diagnosis, treatment, rehabilitation, nursing care and application of prevention measures of health damage at work.
  7. Labour Hygiene means the hygiene sphere, encompassing the research and evaluation of the effects of labour and labour environment factors upon the human organism and preparation of measures to preserve his capacity for work and his health.
  8. Control of Factors of Hygiene in Labour Environment means the activities encompassing research of labour environment and factors of hygiene evaluation of work places, establishing limits of harmful factors in labour environment, expert examination of the damage to health by production means of labour environment and determining of occupational risk to health.
  9. Employee Health Care means activity encompassing the prevention of occupational health damage, employee health examinations as a means of prevention, identification of occupational damage to health, registration, expert examination, treatment, nursing care, rehabilitation and application of health fortifying measures.
  10. Factors of Hygiene Evaluation of Work Places means detection of harmful factors in the labour environment, identification of harmful labour conditions and evaluation of occupational risk posed to health.
  11. Standardisation of Labour Environmental Factors means establishment of norms of harmful factors existing in labour environment, in order that employees performing under the conditions thereof for the duration established in accordance with the laws (but not to exceed 40 hours per week), can not cause, any health impairment typical of an occupational disease or otherwise damage their health throughout the entire period of their occupational work.
  12. Preventive Health Examinations means preliminary (prior to start of employment) and periodic (during employment) of health examinations and identification of early health damage instances and observation of health condition in seeking to avoid occupational diseases, of employees working under the conditions of possible occupational risk.
  13. Identification of Occupational Diseases means a diagnosis of sudden and chronic diseases caused by harmful environmental factors, based upon aetiology of the disease and clinic with supporting laboratory and instrument examination data and other documents detailing labour environment and type of labour.
  14. Occupational Health Monitoring means the system of observation and analysis of set standard amounts of labour environment, state of health of employees and activity of medical institutions.
  15. Institutions of Labour Medicine means individual and public health care institution or branches thereof and medical institution of enterprises, having the right in accordance with the procedure established by this Law and other laws, to provide occupational health care services. ARTICLE
  16. Goals of Occupational Health Care The goals of occupational health care shall be to: 1) preserve and strengthen the health of employees; 2) lengthen the working age of people; 3) assess the level of occupational damage to health; 4) reduce the consequences of health damage due to occupational causes. CHAPTER II ADMINISTRATION OF OCCUPATIONAL HEALTH CARE ARTICLE
  17. Competence of the Entities Of Health Care Administration
  18. The Government shall form the policy of employee protection and shall establish entities of employee protection and occupational health care.
  19. According to the procedure established by laws, the competence of the Ministry of Social Security and Labour within the realm of occupational health care, shall encompass the following: 1) state administration of employee protection and health, in order to ensure prevention of protection violations, accidents and occupational diseases; 2) approval of legal acts regarding employee protection and health and control of implementation of requirements set forth by these acts;
  20. According to the procedure established by laws, the competence of the Ministry of Health in the sphere of occupational health care shall encompass the following: 1) approval of standards of hygiene and establishment of mandatory functions of labour medicine institutions; 2) quality control of the activities of institutions of labour medicine. ARTICLE
  21. Adjustment of the Interests of Organisations Representing the State, Employers and Employees, Linked with Occupational Health Care and Co-ordination of Activities The interests of organisations representing the State, employers and employees, linked with occupational health care, shall be adjusted and co-ordinated based upon the three-party principle through the Republic of Lithuania Commission on Employee Protection and Health. CHAPTER III ORGANISATION OF OCCUPATIONAL HEALTH CARE ARTICLE
  22. Organisation of Workers’ Health and Work Environment Care
  23. Organisation of occupational health care shall include labour environment and employee health care, performed in accordance with the procedure established by this Law and other laws.
  24. The employer shall be responsible for organising labour environment and employee health care in enterprises and institutions of labour medicine, which implement this care and for the quality of employee health care. The State Labour Inspectorate shall exercise control of the implementation of the legal acts on employee protection and health in enterprises. ARTICLE
  25. Care of Labour Environment
  26. The requirements of labour environment care shall be established by legal normative acts on the protection and health of employees.
  27. The care of labour environment shall include: 1) hygiene factor standardisation of labour environment factors; 2) research and factors of hygiene evaluation of labour environment; 3) expert examination of labour environment and the damage posed to health by production means and raw materials. ARTICLE
  28. Factors of Hygiene Standardisation of Labour Environment Factors Factors of hygiene standardisation of labour environment factors shall be performed in accordance with the procedure established by laws. The normative documents on labour environment factors shall be approved by the Minister of Health. ARTICLE
  29. Research of Labour Environment and Factors of Hygiene Evaluation Laboratories accredited (licensed) for this activity shall conduct research of labour environment in accordance with the procedure established by the Government. Evaluation of the factors of hygiene in labour environment shall be performed in accordance with the procedure established by legal acts. ARTICLE
  30. Expert Examination of the Harm Posed to Health by Labour Environment and Production Means The procedure of expert examination of the harm posed to health by labour environment and production means shall be established by the Ministry of Health, having co-ordinated with the Ministry of Social Security and Labour. The expert examination shall be conducted by accredited institutions in accordance with the procedure established by legal acts. ARTICLE
  31. Employee Health Care Employee health care shall include: 1) preventive health examinations; 2) determination of occupational damage to health; 3) treatment of occupational damage to health, medical assistance in restoring health, nursing, rehabilitation and fortification of occupational health. ARTICLE
  32. Mandatory Health Examinations of Employees The Government or an institution appointed by it, shall establish the conditions and procedure of mandatory (initial and periodic) health examinations of employees. They shall be conducted by occupational health care and personal health care institutions. ARTICLE
  33. Identification, Recording and Expert Examination of Occupational Health Damage The conditions and procedure of identification, recording and expert examination of occupational health damage shall be established by the Government. Institutions of labour medicine shall record health damage occurrences and conduct expert examinations thereof. The State Labour Inpectorate shall organise investigation into the causes of health damage (accidents at work, occupational diseases). ARTICLE
  34. Medical Assistance in Restoration of Health Following Occurrence of Occupational Health Damage, Nursing, Rehabilitation and Health Fortification The laws shall regulate treatment of employees following occurrences of occupational damage to health, medical assistance in restoration of health, nursing, rehabilitation and health fortification. Following occurrences of occupational health damage, individual health care institutions shall provide the treatment services of medical assistance in health restoration, nursing, rehabilitation and health fortification. CHAPTER IV INSTITUTIONS OF LABOUR MEDICINE ARTICLE
  35. System of Labour Medicine Institutions
  36. The system of labour medicine institutions shall be comprised of individual and public primary, secondary and tertiary levels of health care institutions.
  37. The primary level of labour medicine institutions shall include: 1) medical centres in enterprises; 2) physicians engaged in general practice, who have been licensed to engage in the practice of labour medicine and are employed in institutions of primary health care (out-patient facilities, general practice physicians’ offices, and polyclinics).
  38. Secondary level institutions of labour medicine shall include: 1) county labour medicine service and (or) specialised sections of labour medicine consultations in individual health care institutions; 2) state public health care service departments of labour hygiene in counties and institutions accredited for this activity in accordance with the procedure established by legal acts.
  39. Tertiary level of labour medicine institutions shall include: 1) Centre of Labour Medicine; 2) Central Commission of Medical Experts; 3) specialised departments of labour medicine in hospitals. ARTCLE
  40. Function of Labour Medicine Institutions
  41. The functions of labour medicine institutions hall include: 1) establishment of hygiene-related and psycho-physiological standards; 2) research and evaluation of the effect of labour environment upon health and collection of information on labour environment and effect thereof upon health; 3) expert examination of labour conditions and production means damage to health: 4) preventive employee health examinations (preliminary and periodic); 5) immediate medical aid in cases of illness or accidents at work; 6) identifying, recording and expert examination of occupational diseases, nursing care and rehabilitation of patients; 7) preparation of criteria of occupational disease diagnosis; 8) improvement and retraining of specialists in occupational health; 9) occupational health education; 10) consultation on occupational health questions; 11) scientific research in the occupational health sphere.
  42. The labour medicine institutions of the first level shall perform according to their competence, the functions denoted in paragraphs 2,4,5,6, 9 and 10 of part one of this Article. The labour medicine institutions of the second level shall according to their competence, perform the functions denoted in paragraphs 2,3,4, 5, 6, 9 and 10 of part one of this Article. The Labour Medicine Centre according to its competence, shall perform the functions denoted in Paragraphs 1,2,3,7,8,9,10 and 11 of part one of this Article and recording of occupational diseases; The Central Experts’ Commission on Labour Medicine shall, according to it competence, conduct expert examination of occupational diseases and the specialised departments of labour medicine in the hospital, shall perform the functions denoted in paragraph 5 and identification of occupational diseases and nursing care and rehabilitation of patients. ARTICLE
  43. Compensation of the Services of Labour Medicine Institutions
  44. The services of labour medicine institutions of the first level shall be compensated as follows: 1) specialised labour medicine services rendered by labour medicine institutions of the first level and other institutions, the list whereof shall be prescribed by the Ministry of Health, from the employer’s funds; 2) other primary health care services, from the compulsory health insurance fund monies.
  45. The services of labour medicine institutions of the second level shall be compensated as follows: 1) individual health care services rendered by labour medicine institutions, from compulsory health insurance fund monies; 2) services rendered by public health care institutions, from the State Budgetary or from the employer’s funds in accordance with the procedure established by laws and other legal acts.
  46. The services the of institutions of tertiary level labour medicine, shall be compensated as follows: 1) the services rendered by the Labour Medicine Centre and Central Commission of Labour Medicine Experts, from the State Budgetary funds; 2) the individual health care services rendered by individual health care institutions, from the compulsory health insurance fund monies. CHAPTER V. SYSTEM OF OCCUPATIONAL HEALTH OBSERVATION AND INFORMATION ARTICLE
  47. System of Occupational Health Observation and Information
  48. This and other Laws and Government resolutions shall regulate the system of occupational health observation and information.
  49. Collection and analysis of information on occupational health shall include: 1) monitoring of the factors in labour environment, collection and supplying of information; 2) monitoring of the health of employees, collection and supplying of information; 3) monitoring of activities of the institutions of labour medicine and collection and supplying of information.
  50. The rights and liability of the institutions conducting occupational health observations shall be regulated by licences of activity of these institutions. CHAPTER VI LIABILTY ARTICLE
  51. Liability For violation of the normative acts of employee protection and occupational health, natural and legal persons shall be liable in accordance with the Laws of the Republic of Lithuania. I promulgate this Law passed by the Seimas of the Republic of Lithuania. PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS

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