Official translation REPUBLIC OF LITHUANIA LAW AMENDING THE LAW ON LABOUR PROTECTION 26 July 1994, No. I-266 (as amended by 17 October 2000 No.VIII-2063) Vilnius Article 1.  New Version of the Republic of Lithuania Law on Safety at Work To amend  the Law on Safety at Work to read as follows: “REPUBLIC OF LITHUANIA LAW ON  SAFETY AND HEALTH AT WORK The Seimas of the Republic of Lithuania, striving to implement the Constitutional provisions, ensuring the right of each individual to proper and  safe  working conditions posing no threat to  their health,  recognising the provisions relating to social justice laid down in the Constitution of the International Labour Organisation and in the Declaration of the General Convention of the International Labour Organisation of May 10, 1944; recognising each individual’s right to adequate and proper working conditions stipulated in the Universal Declaration of Human Rights; considering that accidents at work, occupational diseases and bad working conditions cause physical, moral and economic damage to people, undertakings and the State, adopts the national policy on safety at work and occupational health based on the following principles: priority of preservation of the worker’s life, health and functional capacity over work performance or production results; the responsibility of the employer and worker to meet the requirements of legal acts related to the safety at work and occupational health; tripartite co-operation of the State, employers’ and workers’ organisations in the sphere of safety at work and  occupational health ; development of research in the sphere of safety and health  at work; introduction of economic measures to ensure safe and healthy working conditions; establishment of uniform procedures for training specialists in the sphere of safety and health protection at work and for investigation of accidents and causes of occupational diseases; uniform control of safety and  health at work on the national level; guided by the provisions of EU Directive on the introduction of measures to encourage improvements in the safety and health of workers at work (89/391/EEC), of the Working Time Directive (93/104/EEC), of the Directive on the Protection of Young People at Work (94/33/EEC) and on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (92/85/EEC), as well as by Conventions of the International Labour Organisation, adopts this Law of the Republic of Lithuania on Safety and Health  at Work. PART I GENERAL PROVISIONS CHAPTER I SCOPE, BASIC CONCEPTS AND APPLICATION OF THE LAW Article 1.  Purpose of the Law on Safety and Health  at Work The purpose of this Law is to lay down  : 1) general legal provisions and requirements in order to protect workers against occupational risks or to reduce such risks; 2) the principles of occupational risk assessment and reduction and the general provisions of investigation of accidents at work and occupational diseases; 3) the general provisions of organising working time and rest periods and the obligatory requirements on safety and health at work applicable to working young people, pregnant workers and workers who have recently given birth or are breastfeeding and persons with limited functional capacity. 4) the competence of the bodies of public or local authorities and the rights and obligations of employers and workers in order to ensure safe and healthy working conditions; 5)  the general principles of responsibility  for violation of legislation on safety and health at work. Article 2.  Main   Concepts 1. Occupational safety and health at work means all preventive measures intended for the preservation of functional capacity, life and health of workers at work, which are applied or planned in all stages of an undertaking’s activity in order to protect the workers from occupational risks or to minimise this risk. 2. An undertaking means  enterprises, institutions, organisations, public or local institutions or establishments of all types of activities and forms of ownership, the legal status of which, activities, establishment, reorganisation and liquidation procedure is regulated by the relevant laws of the Republic of Lithuania, as well as other entities. 3.  Employer means  owners of all types of undertakings, their heads, appointed elected or otherwise authorised in compliance with laws regulating appropriate types of undertakings  (under articles of association, regulations, incorporation documents) to conclude in the name of the undertaking, to modify and terminate employment contract, perform other actions under labour legislation, as well as farmers who have concluded an employment contract with at least one natural person. When the employment contract is concluded between natural persons, the employer is a natural person. 4.  Head of a subdivision of an undertaking means  a representative of the Administration of an undertaking, entrusted by the employer to manage a structural subdivision of the undertaking and to implement the requirements of safety and health  at work in this subdivision. 5. Worker means  a person employed by the employer, who works  at the workplace assigned to him by the employer, under indefinite or fixed-term employment contract as well as person who has acquired the status of a public servant established by laws and who works in the  government or local authority institution or establishment. 6.  Workers’ representative means   a person designated by the trade union of an undertaking or elected representative of workers, approved by the general workers’ meeting (conference) who has the right and the duty to represent the interests with regard to safety and health at work of the workers of the undertaking, subdivision of the undertaking or a shift. 7. Workplace means totality of workstations in the buildings (premises) of the undertaking and any other place within the area of the undertaking to which the worker has access in the course of his or her employment. The area of the undertaking means land, internal waters  or continental shelf area with fixed boundaries, belonging to the undertaking by the right of ownership or in accordance with the procedure established by laws related to undertakings. 8. Workstation means  a place  where the worker works or where he must perform the work agreed under employment contract or performs the function of public administration. 9.  Working conditions  means working environment, nature of work, schedules of work and rest periods, which have direct impact on the worker’s condition, functional capacity, and health. 10. Work equipment means any fitting, machinery (machine), apparatus, instrument, tool, installation or other equipment used at work. 11. Potentially dangerous equipment means  relatively dangerous work equipment operation of which, due to energy accumulation or processes within it, is more dangerous to safety and health of workers than other work equipment and is subject to  compulsory supervision.  12. Hazardous factor means  a risk factor in the working environment which may influence the health of the worker and may cause an occupational or other disease, and a prolonged exposure to which may pose danger to the worker’s life. 13. Dangerous factor means a risk factor in the working environment which may cause  acute health disorders or death of the worker. 14.  Accident at work means an event at work, including traffic accidents during working time, which is investigated in accordance with the established procedure and deemed an accident at work, entailing a trauma (minor, serious or fatal injury). An event at work when a worker dies from illness not related to his employment, shall not be considered as an accident at work. 15.  Accident on the way to / from work means  an event which takes place on the direct way between a worker’s workplace and: 1) his or her residence, 2)   the place where the worker is paid for work; 3)   the place outside the area of the undertaking  where the worker may be during his rest period or has his or her meals.  16. Occupational disease  means  an acute or chronic  health disorder of the worker caused by one or more hazardous and / or dangerous factors in the working environment, deemed an occupational disease in accordance with the established procedure; 17.  Occupational risk (risks) means   the probability of injury or other harm to health of the worker due to exposure to a hazardous and (or) dangerous factor (factors) in the working environment; 18.  Incident means an unsafe event related to work during which no workers are injured or if the injury received during the incident requires only first aid. 19. Danger means unforeseen danger to workers’ health or life due to  collapse of buildings or their constructions, fires or floods, as well as other natural or unforeseeable phenomena which are impossible to forecast in advance. 20. Accident means unforeseen sudden event in an undertaking or its area, causing sudden or delayed danger to people and nature. 21. Legal act on safety and health at work means  a legal act  which establishes, amends or repeals legal provisions (laws, resolutions of the Seimas or the Government and acts on safety and health at work approved by the Minister of Social Security and Labour or in conjunction with other  Minister (Ministers), the Minister of Health Care, Chief State Labour Inspector of the Republic of Lithuania (hereinafter referred to as Chief State Labour Inspector). 22.  Persons with limited functional capacity means  persons whose functional capacity (ability to work) is limited, in comparison with other persons, because of their congenital or developed health disorders. 23.  Working time means any period of time during which the worker must carry out his working functions. 24.  Rest period means  any period of time which is not the working time (public holidays, annual vacation, weekly rest, daily rest, breaks to rest and to eat). 25.  Working time at night (night time) means  the time from  10 p.m. until 6 a.m. Night work means work performed during working time at night. 26.  Night-shift worker means  a worker who spends at least three hours of his or her daily working time working during night time. 27. Shift work means  work of regular or occasional nature when the worker is appointed to the same workstation to perform his or her regular work at different times of the day or week according to the shift change indicated in the calendar schedule. Shift worker means a worker who works in shifts. 28.  Pregnant worker means a worker  who  submits to her employer a certificate issued by a health care institution to that effect. 29.  Worker who has recently given birth means  a worker who  submits to her employer a certificate to this effect issued by a health care institution  and who  takes care of her  child until he is 12 months of age. 30. Worker who is breastfeeding  means  a worker who submits to her employer a certificate issued by a health care institution confirming that she takes care of her  child and breastfeeds him until he is 12 months of age. 31. Young person means   a person under 18 years of age. 32. Child means a young   person who is under 16 years of age and must attend school. 33. Adolescent means a young person from 16 to 18 years of age and who must not attend school. 34. Light work for a child means  work which is safe, poses no danger to the child’s health and development, does not interfere with his or her education, as well as work included in teaching programmes, which are safe, posing no danger to health and development of a young person. Article 3. The guarantees of safety and health at work 1. Safe and healthy working conditions shall be ensured for every worker regardless of the nature of business of an undertaking, the type of employment contract (of indefinite duration or fixed-term contract), number of workers,  profitability of the undertaking, workstation, working environment, work type, the duration of the working day (shift), the worker’s citizenship, race, nationality, sex, sexual orientation, age, social background, political views or religious beliefs. The guarantees of safety and health at work, provided by this law shall also apply to  workers of state and municipal institutions and agencies.  2. The worker’s right to work in safety shall be enforced by this Law and by other legal acts on safety and health  at work, by establishing the duty of the employer to ensure the worker’s safety and health at work in all aspects related to his or her work, granting the worker the right to demand safe and healthy working conditions and make proposals to this end to the employer, head of a subdivision, workers’ representative, or the safety and health committee in the undertaking, as well as providing the right to apply to the State Labour Inspectorate under the Ministry of Social Security and Labour (hereinafter referred to as State Labour Inspectorate) or other state institutions when safety and health at work is not guaranteed at the undertaking. Article 4.  Application of this law This law shall apply to each  undertaking established in the territory of the Republic of Lithuania, taking into consideration the restrictions provided for in Article 5 of this Law. Article 5.  Special  application of this law 1. Provisions of this law and other legal acts on safety and health at work shall not  apply to military officers and servicemen of National  Defence, to officers of the Ministry of the Interior, Customs, and State Security institutions whose official relations  are regulated by appropriate service statutes, when the said persons perform specific tasks not in compliance with the provisions of this law.  The legal acts regulating the service of the these officers and servicemen must contain safety and health protection requirements, in order to ensure their safety and health. 2. When the officers referred to in paragraph 1 hereof are performing tasks or work not assigned to the specific activities referred to in paragraph 1 hereof,  the provisions of this law and other legal acts on safety and health  at work shall apply. 3.The safety and health at work of workers who work with radioactive substances and other sources of ionising radiation shall be regulated by the Republic of Lithuania Law on Radiation  Protection, this law and other legal acts on safety and health at work. 4. Article 15 of this law shall not apply to institutions and agencies financed from the state and municipal budgets.   CHAPTER II MANAGEMENT OF SAFETY AND HEALTH  AT WORK SECTION I PUBLIC  ADMINISTRATION OF SAFETY AND HEALTH  AT WORK.  CO-OPERATION OF SOCIAL PARTNERS IN DEVELOPING  AND IMPLEMENTING THE POLICY ON SAFETY AND HEALTH  AT WORK Article 6. Public administration of safety and health at work 1. The  Ministry of Social Security and Labour and the Ministry of Health Care shall, within their power, implements the state policy in the area of  safety and health at work in accordance with the Constitution of the Republic of Lithuania, the laws of the Republic of Lithuania, Resolutions of the Government of the Republic of Lithuania and other legal acts.  2. The Minister of Social Security and Labour himself or together with another minister or ministers shall approve legal acts on safety and health at work, establish the procedure for their entry into force  and application, and represent interests of the Republic of Lithuania related to safety and health at work in other countries and in international organisations. Article 7. Safety and Health at Work Commission of the Republic of Lithuania  In order to co-ordinate the  interests  of  the state, workers  and employers in the sphere of safety and health at work, the Safety and Health at Work Commission of the Republic of Lithuania (hereinafter referred to as  Safety and Health Commission) shall be established, on the principle of tripartite co-operation of social partners (parties). The procedure for the formation of this Commission and its functions shall be established by the Regulations of the  Safety and Health  at Work Commission, which shall be approved by the Government of the Republic of Lithuania. Article 8.  Territorial safety and health commissions and safety and health commissions in separate  sectors of economic activities      1.For the purpose of  the implementation of  the state policy on safety and health at work, the investigation of prevention of violations of safety and health requirements in undertakings, the County Territorial Safety and health Commissions shall be established in counties, based on the principle of tripartite co-operation of social partners.  The procedure of the establishment, formation and the competence of the Commissions shall be laid down by the Minister of Social Security and Labour and the Minister of Health Care. 2. On the initiative of  national associations of employers in  a relevant sector of economic activities and (or) national associations of relevant trade unions   Sectorial  Safety and Health Commissions  may be established based on the principle  of the bilateral co-operation of social partners. Article 9. Powers and rights of county governor and local authority institutions in the area of safety and health at work 1.  County Governors  shall, on the basis of general regulations of the Territorial  Safety and Health  Commissions approved by the Minister of Social Security and Labour, appoint representatives to the Territorial  Safety and Health  Commission. 2. Municipal  Council, with the prior consent of undertakings, shall have the right to prepare  and approve general programmes or measures for the improvement of safety and health at work and to allocate funds  for their implementation. Article 10.  Training in safety and health at work.  Persons competent in safety and health at work in undertakings 1. Persons competent in safety and health at work shall be trained  for safety and health services in undertakings at  higher educational institutions and further education colleges of the Republic of Lithuania under special study programmes. 2. Only persons with college or higher education having special knowledge necessary to work in a specific field  of economic activity  may work as specialists in safety and health at work in an undertaking. 3. The procedure for improvement of qualifications  of specialists in safety and health at work shall be set by the Ministry of Social Security and Labour in conjunction with the Ministry of Health Care. 4. Secondary schools of general education must instruct pupils on the basic requirements of safety and health at work and at home. 5. Students of higher schools, colleges and vocational training schools must be instructed on the requirements of safety and health protection at work in the specialities and professions they are studying. 6. Workers employed in undertakings shall be instructed and trained in safety and health at work in accordance with Article 30 of this Law. Article 11. Financing of  research in safety and health at work 1. Research in safety and health at work shall be financed from the allocations for research and studies from the State Budget. 2. Research programmes for  safety and health at work shall be approved, their implementation shall be co-ordinated and proposals for the draft state budget concerning the resources necessary for research shall be submitted by the Ministry of Social Security and Labour upon the co-ordination with the Ministry of Health Care. Article 12.  Rights of trade unions 1. Trade unions shall protect their interests related to safety and health at work in compliance with the Republic of Lithuania Law on Trade Unions,  the Law on Collective Agreements and Collective Labour Agreements, this law  and other legal acts on safety and health at work. 2. On the initiative of trade unions and (or) employers, collective agreements may provide for  additional and more favourable requirements for ensuring  safety and health at work than the existing  legal acts on safety and health at work.  Implementation of these requirements shall be  supervised by the employer and the trade union of the undertaking. SECTION II MAIN DUTY OF THE EMPLOYER. Safety and health  services in undertakings. WORKERS’ PARTICIPATION IN THE IMPLEMENTATION OF MEASURES OF SAFETY AND HEALTH AT WORK Article 13.  Responsibility of the employer to ensure workers’ safety and health at work The responsibility  of the employer is to ensure  safety and health of workers at work in all aspects related to work. In carrying out this responsibility, the employer shall take measures necessary to ensure safety and health at of workers at work. All measures of safety and health at work in undertakings shall be financed by the employer himself. Article 14. Safety and health  services in undertakings 1. In order to ensure safe and sound working conditions, the employer shall  establish in his or her undertaking a safety and health service, consisting of one or more specialists in safety and health  at work. If there are no specialists in  safety and health at work  in the undertaking, the employer shall enlist an external safety and health at work  service or one or more competent persons (from outside  the undertaking) to perform the said functions.  In any  case the number of designated or enlisted specialists must be sufficient, taking into account  the size of the undertaking and occupational risk of workers, for organising preventive measure related to safety and health at work. The employer has the discretion to decide as to  establishment of either a common safety and  health service in the undertaking or a separate safety at work service and employment medical service.   2. The procedure for the establishment of safety and health  services in undertakings, their functions, rights, duties, general qualification requirements for specialists of these services shall be established by the Regulations of the Safety and Health at Work Services in Undertakings, which are approved by the  Ministry of Social Security and Labour and the Ministry of Health Care. These Regulations shall determine the fields  of economic activities in the undertakings of which safety and health services have to be established   taking into account  occupational risks and/or the number of workers,  and the fields of economic activities, in which such  services may not be established and their functions   shall be performed by the employer himself whose knowledge must be tested according to the procedure established by the Regulations of Instructing, Training, and Testing of Knowledge in Safety and Health at Work, which are approved by the Ministry of Social Security and Labour and the Ministry of Health Care. 3. In the institutions maintained from the state budget, safety and health at work services may not be established  and their functions may be performed by the person designated by the head of the institution, whose knowledge in the area of safety and health  at work must be tested in accordance with the procedure established by the Regulations of Instructing, Training, and Testing of Knowledge in Safety and Health at Work.  4. A worker or workers designated by the employer to work for the safety and health service, as well as  members of external services and other  persons (from outside  the undertaking) enlisted by the employer to perform the functions of a safety and health service in the undertaking, must have received special training according to the programmes specified in Article 10 (1) and tested, and must have necessary skills for the performance of their duties.   The duty of the appointed or enlisted specialists is to take  care of the safety and health of workers. These persons shall be accountable for their work directly to the employer. 5. The workers appointed to work for the safety and health service shall be provided sufficient time for the performance of their functions. These workers  in so far as they act in accordance with this law and other legal acts on safety and health at work shall not be subject to any financial disadvantage or administrative or other responsibility arising from their activities of organising and implementing preventative measures related to occupational risks and workers’ safety and health. Mutual obligations of enlisted external safety and health services or persons ( from outside the undertaking) shall be established by an agreement. 6.  After the establishment of  a safety and health service the employer shall inform the appointed or enlisted specialists about risk factors which have or are likely to have an influence on safety and health of the workers in the undertaking, as well as the preventative measures, organising of medical aid, fire-fighting  and  evacuation of workers.  7. The workers’ obligations in   safety and health service or the duties of enlisted services or workers’ representatives  in the field of safety and health at work shall not affect  the  principle of the employer’s responsibility, established in Article 13 hereof. 8.  The employer who has established safety and health service in the undertaking or has not established such service and performs its functions himself  in compliance with  the Regulations of the Safety and health Services in Undertakings,  shall inform of it  the State Labour Inspectorate. Article 15.  Workers’ participation in implementing safety and health measures.  Safety and Health Committees and workers’ representatives in undertakings 1.  The employer shall provide conditions for workers  and their representatives, specified in this Article to take part in discussions concerning safety and health and work matters. 2.  Procedure for the establishment of safety and health committees in undertakings (hereinafter referred to as committees) and their functions: 1) the  committee shall  be established in those undertakings which employ more than 50 workers.  The committee shall be formed on a bilateral principle, viz. from an equal number of members appointed by the employer and designated by the trade union of the undertaking, approved at the workers’ meeting (conference). If there is more than one trade union in the undertaking, the trade unions  shall delegate their representatives to the committee or designate one trade union to delegate representatives to the committee. Such representatives shall be approved as members of the committee at the workers’ meeting (conference). Where not all workers of the undertaking are members of trade unions,  the trade unions and workers on the committee shall be represented by trade unions’ and worker’s  representatives the number of which shall be approved at the workers’ meeting (conference).   If there is no trade union in an undertaking, the workers shall be represented on the committee by the workers’ representatives elected to the committee at the workers’ meeting (conference); 2) Safety and Health Committees in undertakings engaged in certain sectors of economic activities which are characterised by higher occupational risk may  also be established even when the number of workers is less  than 50.  The list of such  economic activities shall be approved together with the General Regulations of  Safety and Health Committees in Undertakings; 3)  If the undertaking employs less than 50 workers, the committee may be established on the initiative of the employer or the trade union, or upon the request of  more than 50 per cent of workers; 4)  The activities of the Committee shall be organised and it  shall be chaired by the chairperson --the employer or by one of his representatives in the Committee.  The chairman shall organise the work of the Committee.  The Secretary of the Committee shall be elected from the trade union members. In the case of absence of the trade union in the undertaking, the Secretary of the Committee shall be elected from the workers’ representatives elected to the Committee; 5)  when dismissing  a member of the Committee who is a representative of workers and when the dismissal is disapproved by the majority of members of the Committee, including the majority of workers’ representatives, the employer must inform the State Labour Inspectorate about the reasons of the dismissal of such worker prior to the dismissal; 6)  the employer shall provide members of the Committee with equipment necessary for carrying out their responsibilities and information, they shall be also trained in special training courses, seminars and other arrangements  on safety and health at work. Issues related to the training of committee members shall be solved by the Committee; 7)  for the time spent by a member of the Committee performing the tasks related to safety and health at work, which are given to him, he  must be paid an average salary; 8) General Regulations of Committees  shall  be  approved by the by the Safety and Health  Committee in the Undertaking. 3.  Workers’ representatives authorised to represent workers and take care of their safety and health  at work shall be elected at the workers’ meeting (conference) of the undertaking in accordance with the procedure provided by paragraph 2 (1) hereof. The number of workers, represented by the workers’ representative and the term of validity of mandate  of workers’ representatives shall be set at workers’ meeting (conference). If there are more than one workers’ representative in an  undertaking, one of them shall be designated  senior workers’ representative, who will co-ordinate the activities of all workers’ representatives. At state and municipal institutions  workers’ representatives shall not be elected . 4.   Workers’  representatives shall perform the following functions: 1) participate in all measures to improve safety and health at work in the undertaking or at workstations, carried out by the employer, including the measures implemented by the safety and health service in the undertaking, in planning and organising training of workers; 2) participate in the employer’s activities related to the establishment of the  safety and health service in the undertaking, selection and appointment of workers responsible for first aid, organisation of rescue measures, evacuation  in the event of accidents, natural disasters or fire (prior to the appointment of such workers, the employer shall consult the workers’ representatives, upon their appointment the employer  shall  communicate to workers’  representatives their workstations and responsibilities); 3) participate in  providing the workers with necessary and appropriate personal  protective equipment  and controlling proper use thereof, represent workers in investigation of accidents at work, occupational diseases and incidents; 4) inform the workers, on the instruction of the employer or head of the subdivision, about the threat of or exposure to danger and about emergency actions to be taken in order to avert the danger, and helping to transfer the workers to safe locations. 5.  Workers’  representative shall have the right: 1) to propose and demand  that head of the subdivision of an undertaking, the employer should take necessary steps to ensure safety and health  of workers at work; 2) to take part in the assessment of risk factors and planning preventive measures; 3) to approach the employer if head of the subdivision  fails to take necessary steps to ensure safety and health of workers at work. If the employer fails to take measures to remove or mitigate risk factors,  to inform the State Labour Inspectorate; 4) to receive all information on any issues related to safety and health at work from the  head of the subdivision, employer, safety and health service and safety and health committee in the undertaking. 6.  The employer shall create adequate environment for the workers’ representatives to exercise their functions, provide them with the necessary information. 7. In exercising their functions laid down in paragraph 4 hereof, workers’ representatives, in so far as they act in accordance with this law and other legal acts on safety and health at work, shall not be subject to any financial disadvantage or administrative or other responsibility arising from their activities of organising and implementing preventive measures related to occupational risk and  safety and health of workers at work.  They shall not experience hostility of the employer, head of the subdivision or the workers. 8.  Workers’ representatives shall be trained within the undertaking, at relevant educational institutions or training seminars at the expense of the employer.  During training they shall be entitled to receive average salary.  Issues related to the training of workers’ representatives shall be solved in the undertaking - by considering issues related to training of workers’ representatives at the committee, at the general workers’ meeting (conference) and when drawing up collective understandings and collective agreements. 9.  Workers’ representatives shall be obliged to keep any technological or commercial secrets which they may get to know when exercising their functions. 10. Workers’ representative may be removed from this position upon the decision of the body which has appointed him thereto. CHAPTER III REQUIREMENTS FOR THE WORKING ENVIRONMENT, WORKSTATIONS, WORK ORGANISATION. EMPLOYER’S ACTIONS IN THE EVENT OF  DANGER Article 16. General requirements for the working environment and workstations 1.  The working environment and workstations must satisfy the requirements of this law and other legal acts on safety and health at work 2.  Newly constructed or reconstructed undertakings and their subdivisions shall be commissioned in accordance with the procedure established by the Government. Article 17.  Legal acts on safety and health at work regulating the design of workplaces and workstations 1.  Requirements for the design and environment of workstations shall be established in legal acts on   safety and health at work. 2.  Exposure to various factors in the working environment as established in legal acts on  safety and health at work must not exceed the levels which may cause health disorders or occupational diseases either during the work in an undertaking or after termination of work in an undertaking. 3. Workstations as well as ancillary premises specified in Article 26 (1), must meet minimum requirements for safety and health at work, established in General Regulations of the Design of Workplaces, which are subject to approval by the Ministry of Social Security and Labour, and other legal acts on safety and health at work.       Article 18.  Safety and health  requirements for work equipment and its use 1. It shall be permitted to use only the work equipment which is of an adequate technical condition and satisfies the requirements established in legal acts on safety and health at work. 2. The minimum  safety and health  requirements for work equipment shall be laid down in relevant legal acts on safety and health at work, which are subject to approval  by the  Ministry of Social Security and Labour and the Ministry of Health Care. 3. The procedure for setting the obligatory requirements for the manufacturing of certain work equipment or their groups as well as the procedure for conformity assessment shall be established by technical regulations or other legal acts on safety and health at work. 4.  Requirements and instructions on the safe use of specific work equipment shall be provided by the producer in the documentation which must accompany work equipment. 5.  The supervision of potentially dangerous equipment  shall be provided for in the Republic of Lithuania Law on the Supervision of Potentially Dangerous Equipment.  The list of such equipment which is subject to compulsory supervision by institutions authorised or accredited by the Government shall be approved by the Government.  6.  The compulsory continuous supervision of potentially dangerous equipment shall be exercised by its owners. On the basis of bilateral contracts between the owner and a legal person, the compulsory continuous supervision of potentially dangerous equipment may be exercised by the legal person who has obtained a permission to perform such activities in accordance with the procedure set in relevant legal acts. 7. The State Labour Inspectorate, having established that the work equipment is used not in compliance with the requirements for safe use  as provided  in the legal acts on safety and health at work or in the technical documentation, shall have the right to suspend the use thereof. Article 19.  Requirements for vehicle traffic in the area of an undertaking 1.  Vehicle traffic in the area of an undertaking shall be organised according to traffic regulations applied to specific types of vehicles. 2.  The employer shall be responsible for organising safe vehicle traffic in the undertaking and in its territory. Article 20.  Protection of workers from  exposure to dangerous chemical substances 1.  If chemical substances   dangerous to people’s health  are used in the technological process, are  produced, transported, or stored in an undertaking, the employers shall  provide for and implement measures for safeguarding the health of workers and ensuring the protection of the environment. In undertakings  where  dangerous chemical substances are  used  the employer shall : 1)  undertake measures aiming at replacing dangerous chemical substances with not dangerous  or less dangerous  ones, 2)  organise work in such a way that the number of workers exposed or likely to be exposed to dangerous chemical substances   is kept as low as possible; 3)  use such work equipment, work methods and production technologies which would ensure that the release of dangerous chemical substances into the working environment and  the environment is avoided or is kept below the levels permitted by legal acts on safety and health at work and on environmental protection; 4)  draw up plans for preventative measures and rescue work in the event of accidents during which workers, other persons, and the environment may be exposed to  dangerous chemical substances. 2.  All workers must be informed about the effect on their health of specific dangerous chemical substances produced, used, transported or stored in the undertaking. The workers who participate in the production of dangerous substances, use them in technological processes, transport, and supervise their storage must be instructed and trained in their safe use   and in addition, they must be well informed about the protection measures against exposure to such substances and the first aid. 3.  The subdivisions of an undertaking and/or  workstations in which  dangerous substances are present, shall be supplied with collective protective equipment. The subdivisions of the undertaking and/or workstations in which especially dangerous inflammable, explosive or chemical substances which may cause fire  are present must be equipped with special systems for monitoring the quantities of such dangerous chemical substances in the working environment as well as alarm systems must be installed  warning the workers about danger to safety and health, and special means of the first medical aid in the event of acute health disorders caused by these substances. The list of such means shall be drawn up by the Ministry of Health Care. 4.  The workers who work with  dangerous chemical substances  shall be provided with appropriate individual protective equipment, indicated in the safety data sheet of the dangerous substance. 5. Premises within workplaces where dangerous chemical substances are produced, used or stored, must be marked by special warning and/or mandatory  signs. 6. Specific  safety and health requirements for the production, use, transportation and storage of dangerous chemical substances in workplaces shall be established in respective legal acts on safety and health at work. When dangerous chemical substance is used, safety and health requirements  must be met, which are indicated in the safety data sheet of the dangerous substance provided by the producer alongside  with the substance placed on the market. 7. The  limit levels of dangerous chemical substances in the working environment, the list of dangerous substances, the limit values of which in the working environment may be exceeded no more than 15 minutes within a work day, as well as the list of especially dangerous chemical substances the limit values of which in the working environment may not be exceeded, shall be approved by the Ministry of Health Care and the Ministry of Social Security and Labour.    Article 21.  Safety and health requirements for  products 1.  Products, including work equipment, shall satisfy the safety and health requirements laid down in legal acts on safety and health at work.  Conformity certificates  of work equipment or, in case conformity certification is not mandatory, the manufacturers documentation accompanying the equipment, shall indicate the compliance  of work equipment with the relevant safety and health requirements. 2.  If conformity evaluation bodies   determine that a product, including work equipment and personal protective equipment specified in Articles 18 and 31 of this law which may be used as work equipment in undertakings, does not satisfy safety and health requirements, the employer shall be obliged to discontinue the production  and placement on the market of the said product. Article 22.  General principles of  the implementation of safety and health at work measures 1. The employer shall organise   work in the undertaking, including working time and rest periods, payment for work, in such a way which would motivate the workers to obey safety and health requirements. 2. The employer shall take measures to ensure workers’ safety and health at work and shall independently organise internal control of safety and health status in the undertaking. For this purpose he shall: 1)   assess the safety and health  status in accordance with Articles 66 and 68 and other legal acts on safety and health at work. 2)   fill the safety and health at work card by indicating  the compliance of workstations, work equipment, working time and rest periods with the requirements of safety and health at work, the improvement measures for safety and health when its level does not satisfy the requirements; 3)   establish, pursuant the Regulations of the Safety and Health Services in Undertakings, referred to in Article 14 (2), the procedure for the  control of the compliance of safety and health in the undertaking by approving the Regulations of the Safety and Health at Work Service in the Undertaking or job instructions  of  safety and health at work specialists, by giving instructions to the heads of subdivisions with regard to the control of  compliance with the safety and health at work requirements and implementation of measures.     3. The employer, when establishing the internal control of  safety and health level and planning the measures for improvements in safety and health situation shall be guided by the  following general principles of risk assessment and guarantee of safety and health at work: 1)   avoiding any risks to safety and health; 2) evaluating  unavoidable  risks; 3)  removing the established causes of risk; 4) evaluating the worker’s capacities to perform the assigned work  by adapting the work  process to the capacities of the worker, by fitting out of workstations, choosing work equipment,  work  methods, and setting optimal work  or production rate; 5)  adapting to technical progress in designing workstations, creating safe and healthy working environment and selecting work equipment, 6) replacing dangerous work processes with not dangerous or less dangerous ones, 7)  giving priority to collective measures of safety and health at work over individual protective measures and resorting to individual protective equipment only when collective protective measures are not sufficient to ensure safety and health at work or they may not be used due to circumstances beyond the employer’s control; 8)  training and instructing  of  workers and giving them  mandatory instructions in order to satisfy requirements  on safety and health at work. 9) applying other necessary measures of safety and health at work 4.  When establishing internal control  system of safety and health at work, the employer shall discuss it with the workers, workers’ representatives and the safety and health committee and shall inform them about the  assignments given to the heads of the subdivisions as to internal control and the implementation of measures in the undertaking, subdivisions, and workstations. 5. The form of the safety and health status  card and its filling shall be approved by the Ministry of Social Security and Labour and Ministry of Health.  Article 23.  Legal acts regulating the safe organisation and  performance of work in undertakings 1.  The works in the undertaking shall be organised in compliance with this law and other legal acts on safety and health at work. 2. On the basis of the principles of safety and health at work specified in Article 22 (2), legal acts on safety and health at work, technical documentation of work equipment and descriptions of technologies, the employer shall prepare regulatory safety and health acts (safety and health instructions for the workers, rules for safe performance of works and other necessary regulatory acts). 3. The regulatory acts on safety and health in an undertaking, legal acts related to safety  and health at work approved by an order, ordinance or other act of the employer, the receipt of which the  workers shall confirm  by affixing their signatures shall be binding on them. Article 24.  Compulsory health surveillance 1.  Persons who may be exposed to occupational risks must receive health surveillance upon their recruitment and periodically in the course of employment – according to the health surveillance schedule for workers of an undertaking whose health surveillance is obligatory.  Workers who are exposed to occupational hazards at their workstations, who  use dangerous cancerogenic substances in the course of their work, shall  receive health surveillance upon their recruitment, periodically in the course of employment and  even after they change work or job. 2.  Young workers  must receive health surveillance upon recruitment and annually thereafter   until they become 18 years of age.  3.  Night and shift workers must receive health surveillance before their recruitment and periodically in the course of employment –according to the health surveillance schedule of workers. 4. The employer shall approve the list of workers who must undergo health surveillance and the health surveillance schedule agreed  with the territorial public health centre and  the receipt of which the workers shall confirm by signing it. 5. Compulsory health surveillance shall take place during working hours. For compulsory health surveillance upon recruitment health care establishments shall be paid in accordance with the procedure established by the Ministry of Health Care.  The employer shall pay the workers undergoing health surveillance their average pay for the working time spent receiving health surveillance. 6.  Should the worker refuse to undergo health surveillance in due time, he  may  be suspended  from work without pay until he undergoes health surveillance.  The conclusions of health surveillance shall be equally binding both on the employer and the worker. 7.  The list of occupations and activities where the workers must receive health surveillance upon recruitment and periodically in the course of employment, and the procedure of health surveillance shall be established by the Ministry  of Health Care and the Ministry of Social Security and Labour. 8. Workers referred to in paragraphs 1, 2 and 3 hereof shall have the right to receive health surveillance  at the times differing from those established in the health surveillance schedule if the worker suspects a negative effect of his  work or working environment on his health.  Other workers of an undertaking not covered by paragraphs 1, 2 and 3 may also exercise the said right. In all cases, the employer must give the worker sufficient time off work to receive health surveillance.  If the conclusion of the health care institution which performed health surveillance of a worker indicates that work and / or working environment has affected the worker’s health, the employer shall pay the worker the average pay for the time spent receiving voluntary health surveillance. Article 25.  Evacuation, accident prevention and containment plans. Actions of the employer and workers in the event of  danger 1. Each undertaking and its subdivisions must have evacuation plans of workers. 2.   The employers must prepare evacuation plans of workers of the undertaking and its subdivisions in the event  of danger, about which workers shall be informed upon recruitment.  Evacuation plans shall be placed on information boards in clearly visible places in the undertaking (subdivisions).  Evacuation plans, accident prevention and accident containment plans must be well known to the members of safety and health committee and workers’ representatives. 3.  The employer shall designate a number of workers (upon their consent) and train them on a regular basis within the undertaking in protecting safety and health of workers in the event of danger, supply them with first aid and other necessary facilities taking into account the specific character of work and the number of workers. 4.  In the event of  danger  in the undertaking or its subdivision, the employer shall: 1)  immediately inform the workers who may be exposed to danger and inform other workers in the undertaking about the danger and instruct them on the measures which will be taken to protect life and health of the workers and on actions to be taken by the workers themselves; 2)  take all necessary measures to suspend work,  issue orders for the workers to suspend work if the workers are trained in doing so;  issue orders for the workers to leave working premises and move to a safe location; 3)  immediately inform relevant internal and external emergency services (civil safety, fire-fighting, ambulance, police) about the danger, workers injured; 4)  until the arrival of external services, start eliminating  dangers to the workers’ safety and health with the help of the specially trained workers specified in paragraph 3 hereof, as well as members of the safety and health service of  the undertaking. 5.  If after the accident has been contained, the fire extinguished etc., the danger to safety and health of workers persists, the employer or the head of a subdivision  may not order to resume or commence work. 6.   In the event of  danger the workers shall have the right to terminate work and leave w1orking premises and workstations.  The actions of workers in the event of danger may not have adverse effects on the workers. The actions of workers in the event of danger aimed at protecting themselves and other workers from the danger   may not incur  disciplinary or administrative penalties or material or other liability. 7.   The head of a separate structural subdivision which is established in a different geographical location than the undertaking and who must pass the qualification test on safety and health at work under the procedure established in Article 29 shall independently implement measures referred to in paragraphs 3, 4 and 5 hereof. 8. Undertakings which produce, use, store or transport dangerous substances referred to in Article 20 (3)  in quantities exceeding the established limit levels, must  implement special safety and health at work measures in compliance with the Industrial Accident Prevention, Containment and Investigation Regulations, subject to the approval by the Government of the Republic of Lithuania, must use special working environment control systems or equipment, as well as must  draw up accident prevention and accident containment plans.  The list of such undertakings as well as the implementation of measures provided for in accident prevention and accident containment plans shall be supervised by the Civil Safety Department under the Ministry of National Defence and State Labour Inspectorate.  9.  A worker(s) shall have the right to refuse to work, works   must  be suspended if the employer and/or head of the subdivision fails to take appropriate measures to remove the violations of requirements for safety and health at work and to protect the worker or workers from possible danger and if the worker (workers) in the following events: the worker (workers)  has not been trained in safe work;  if work is continued in the event of a breakdown of working equipment or imminent accident; if work is continued upon violations of technical regulations;  if workers are not provided with appropriate collective or personal  protective equipment; in other cases when  the working environment is hazardous and/or dangerous to health or life.  The procedure for  suspending works shall be as follows: 1)  the right to request the suspension of work shall lie with the safety and health committee of an undertaking. If there is no safety and health committee in an undertaking,  workers’ representative shall have the right to request to suspend works; 2)   if the employer or head of the subdivision refuses to act on the request of a workers’ representative or safety and health committee of an undertaking, the committee or a workers’ representative  shall inform about it the State Labour Inspectorate; 3)  a state labour inspector (hereinafter referred to as a labour inspector) having evaluated the safety and health situation   in the undertaking, may adopt the decision to instruct the employer or, in the case of absence of the employer, the head of the subdivision to suspend works; 4)  should the employer or head of the subdivision refuse to comply with the labour inspector’s request, the said inspector shall exercise all his rights under the Law on State Labour Inspectorate in order to  enforce the request to suspend work; 5)  before the request of the safety and health committee of the undertaking or a labour inspector to suspend work is executed, workers who are exposed to danger shall have the right to terminate work, leave the workplace or premises. In such case the employer may not administer punishments  or incur upon them other liability; 6) employees of  a state or municipal institutions and establishments in which there are no safety and health committees, workers’ representatives are not being designated, shall inform the head of a subdivision and in his absence – the employer about their refusal to work when safety and health are  not guaranteed. If the head of a subdivision or the employer refuse to suspend works, the worker may appeal to the State Labour Inspectorate or court. 10. If labour inspectors during inspection visits establish the existence of  danger to safety and health of workers, they shall have the right to demand that  the employer or the head of a subdivision  suspend work in the cases specified  in paragraph 9 hereof. 11.  Works must also be suspended when natural environmental conditions do not permit to work in safety.  In the event of danger, in order to prevent accidents at work the employer shall have the right, in accordance with law, to  transfer workers  to other workplaces to perform assignments not agreed upon in their employment contracts in the same undertaking or in another undertaking but in the same geographical location. It shall be prohibited to transfer a worker to such job which is not permissible due to his health status. If safe work in other workplaces is unavailable where workers could work in safety, work detention shall be announced in the manner established by law. Workers shall be paid  in accordance with the procedure established by law for the periods of work of other assignments not agreed upon in the employment contract, for periods of detention of work, when work is suspended in the event of danger due to natural conditions . Article 26.  Ancillary facilities in undertakings 1.  In accordance with the provisions of legal acts on safety and health at work, appropriate rest areas, changing rooms, locker rooms for clothes, footwear, and personal protective equipment, sanitary and personal hygiene premises in which washbasins, showers, lavatories  and personal hygiene premises for women shall be installed in undertakings. 2. In undertakings where dangerous substances are used, sanitary installations and personal hygiene premises  shall be designed in accordance with specific requirements for the design of such premises. The requirements for the design of such sanitary installations and personal hygiene premises   shall be established in legal acts on safety and health at work taking into account the nature of activities, materials used, and the number of workers. 3.    Medical services (first aid rooms), nourishment facilities in an undertaking shall be designed  in accordance with the requirements for such facilities and taking account of the number of workers. 4. The requirements for ancillary facilities shall be established by the Ministry of Health  Care and the Ministry of Social Security and Labour.  Article 27.  Requirements for residential premises 1.  Premises offered by the employer to the worker for temporary residence due to mobile type of workplaces must satisfy the minimum  household and hygiene requirements applicable for such premises. 2.  Minimum safety and health requirements for  premises intended for temporary residence of workers due to mobile workplaces shall be established in the Regulations of the Design of Workplaces in Construction Sites, which are subject to approval  by the Ministry of Social Security and Labour  and by other legal acts establishing health requirements  for residential premises. CHAPTER IV RIGHTS AND DUTIES OF EMPLOYERS AND WORKERS SECTION I RIGHTS AND DUTIES OF EMPLOYERS Article 28.  Duties of the employer in ensuring safety and health of workers at work: 1.  When implementing his duties the  employer shall : 1) ensure the conformity of the facilities of the undertakings housing workplaces, workstations, work equipment, and the working environment with   the requirements established in legal acts on safety and health at work; 2) organise the evaluation of the safety and health at work situation and preparation and implementation of measures to improve it, the filling of the Safety and Health at Work Status Card in the Undertaking and as necessary, annual updating of this card;   3) having evaluated the safety and health at work situation in the undertaking,  decide on the choice of collective and / or personal protective equipment, provide with them the undertaking, workstations and workers, organise  verification of such equipment, provide workers with safe work equipment, introduce safe work and technology processes, fit out   ancillary facilities  in conformity with the requirements of legal acts on safety and health at work; 4)  ensure that the workers receive comprehensive information concerning the organisation of safety and health at work  in the undertaking, the exi …