2)an incident which resulted in the worker’s injury or death shall not be classified as an accident at work if after the investigation it is established that the worker consciously tried to kill or injure himself/herself; that the worker suffered from violence the circumstances and reasons of which are not related to work, that the worker was committing a criminal offence or that the worker was performing a task arbitrarily (without the consent of the employer) in pursuit of his own goals.
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4.Occupational diseases shall be classified according to the time of manifestation and the symptoms of a disease:
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1)chronic occupational disease: a health disorder of a worker caused by one or more hazardous and/or dangerous factors in his or her working environment within a certain time period.
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2)acute occupational disease: an acute health disorder of a worker caused by a short-term (single or repeated during the working day) exposure to a factor/factors in the working environment having an acute effect.
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Article 72Reports on accidents at work and occupational diseases
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1.A person who is injured in an accident at work or contracts an acute occupational disease and any person who witnessed the incident in question or its consequences must, if he/she is in the position to do so, immediately report this to the head of the subdivision, the employer, the safety and health at work service of the undertaking.
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2.In the event of accidents at work resulting in the death of the injured person, serious accidents at work, also in the event of the worker’s death as a result of a disease, not related to work the employer must immediately notify the prosecutor’s office of the appropriate district and the State Labour Inspectorate thereof.
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3.In the event of acute occupational diseases resulting in the death of the person who suffered from the diseases the employer must immediately report to the prosecutor’s office of the appropriate district , the State Labour Inspectorate and the territorial institution of public health care service.
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4.A doctor who suspects that a person may be suffering from a chronic occupational disease must within three days report to the State Labour Inspectorate and the territorial institutions of public health care service thereon in writing.
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5.The procedure for reporting accidents at work, occupational diseases and the registration of reports shall be established in the Regulations for Investigation and Registration of Accidents at Work and Regulations for Investigation and Registration of Occupational Diseases.
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Article 73Investigation of accidents at work and occupational diseases
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1.All undertakings shall apply a uniform and obligatory procedure for the investigation of accidents at work and occupational diseases, established by this Law and the Regulations for Investigation and Registration of Accidents at Work and Regulations for Investigation and Registration of Occupational Diseases.
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2.All accidents at work and occupational diseases must be investigated, the investigation results must be recorded in the reports of prescribed form and registered according to the established procedure.
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3.Minor accidents at work shall, by order of the employer or other executive document, be investigated by a bilateral commission consisting of a representative/representatives of the employer and the workers. The worker who is the victim of the accident may participate in the investigation of the accident at work..
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4.Serious and fatal accidents at work shall be investigated by the State Labour Inspectorate with the representatives of the employer and the workers participating. While investigating the accident at work, the State Labour Inspectorate shall ascertain the causes and circumstance of the accident at work, suggest measures for the elimination of causes of similar accidents. The labour inspector may enlist the necessary specialists or experts for the investigation of the accident at work. The employer shall provide conditions and the necessary information for the investigation of an accident at work. The report on investigation of the accident at work, recorded and signed by the inspector shall also be signed by all persons who participated in the investigation. The labour inspector shall hand in the report of investigation of the accident at work to the employer who shall sign it. In case the representative of the employer or workers is not taking part in the investigation, the labour inspector shall conduct the investigation of the accident at work without the representative /representatives of the interested party. If the representative of the employer or workers, or the employer does not sign the submitted report of investigation of the accident at work and fails to give the labour inspector a justified reason therefor in writing, the report of investigation of the accident at work recorded by the inspector shall enter into force from the day of its drawing up.
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5.The report of the investigation of accident at work drawn up by the labour inspector together with the annexes shall be sent to the appropriate institution, the victim (or the victim’s family) in accordance with the procedure established in the Regulations for Investigation and Registration of Accidents at Work.
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6.The investigation of an accident at work carried out by the state labour inspector or his decisions (conclusions) regarding the circumstances and/or reasons of the accident at work may be appealed against by the employer, the workers’ representative by lodging an appeal in accordance with the procedure laid down in the Regulations for Investigation and Registration of Accidents at Work with the Chief Labour Inspector of the Republic of Lithuania or the court. The procedure for considering appeals regarding accidents at work at the State Labour Inspectorate shall be established by the Regulations for Investigation and Registration of Accidents at Work. The decision of the Chief Labour Inspector of the Republic of Lithuania regarding complaints about the investigation, the circumstances and/or cause/causes of the accidents at work may be appealed against to court in accordance with the procedure established by law.
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7.If it is established in the course of investigation that the incident at work may not be classified as an accident at work or upon establishing that the cause of the worker’s death was a disease not related to his work, the investigation shall be discontinued and its material shall be submitted to relevant institutions in accordance with the procedure established in the Regulations for Investigation and Registration of Accidents at Work.
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8.An accident at work which caused the death of three or more workers shall be investigated by a commission whose chairman shall be the Chief State Labour Inspector of the Republic of Lithuania and members - Deputy Chief State Labour Inspector of the Republic of Lithuania, head of the territorial division of the State Labour Inspectorate and two labour inspectors from the division. Representatives of the employer and workers shall also take part in the investigation.
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9.A suspected occupational disease shall be diagnosed for a worker who is or was employed in the undertaking by a doctor who has a licence to engage in these activities, in accordance with the Regulations for the Investigation and Registration of Occupational Diseases and the List of Occupational Diseases.
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10.The causes of the occupational disease shall be investigated by the commission for the investigation of occupational disease, which shall also diagnose the disease as an occupational disease. The commission shall consist of the state labour inspector (acting as commission chairman), a representative of the territorial institution of public health care and the doctor who suspected the occupational disease. The investigation shall be conducted in accordance with the Regulations for the Investigation and Registration of Occupational Diseases. Representatives of the employer and workers shall also be taking part in the investigation. The chairman of the commission may enlist the appropriate experts and specialist to assist during the investigation. The employer shall provide the required conditions and furnish the information required for the investigation. The commission shall draw up a report on the occupational disease to be signed by the commission members and the representatives of the employer and workers. The report on the occupational disease shall be delivered to the employer and the worker suspected of being ill or who was diagnosed as being ill with the occupational disease, who shall confirm the receipt thereof by affixing their signature and shall be sent to appropriate institutions. ` 11. If in the course of investigation it is established that the causes of the occupational disease may be related to the worker’s previous workplace, the commission shall carry out the investigation in the undertaking or undertakings which was the worker’s previous workplace in accordance with the Regulations for Investigation and Registration of Occupational Diseases.
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12.The representatives of the employer or the workers who participated in the investigation may appeal to court or, in the manner laid down in the Regulations for Investigation and Registration of Occupational Diseases, to the Chief State Labour Inspector of the Republic of Lithuania against the decisions and conclusions regarding the causes of the occupational disease, made by the commission which carried out the investigation of the occupational disease or the procedure of investigation .
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13.Disputed issues relating to the diagnosing of occupational diseases shall be settled by the Central Occupational Medicine Experts Commission the regulations and compositions of which shall approved by the Ministry of Health Care. Applicants who object to the decision of the Central Occupational Medicine Experts Commission shall have the right to appeal to court.
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14.Acute occupational diseases which resulted in the death of three or more workers shall be investigated by a commission consisting of the Deputy Chief Hygiene Specialist of the Republic of Lithuania, head of the territorial (inspection) division of the State Labour Inspectorate, one representative of the State Labour Inspectorate and one representative of the Public Health Care Service of the territorial institution. The commission shall be chaired by the Chief State Labour Inspector of the Republic of Lithuania. Representatives of the employer and workers shall be taking part in the investigation. Representatives of the employer and the workers shall also participate in the investigation.
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15.The costs of expert examination ordered by the State Labour Inspectorate for the investigation of accidents at work or occupational diseases and performed by non-state institutions shall be paid with the funds allotted for the State Labour Inspectorate for the purpose.
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Article 74Preservation and registration of reports of investigation of accidents at work and occupational diseases
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1.Reports of the investigation of accidents at work shall be submitted to the worker injured in the accident or his or her representative, to the employer and the State Labour Inspectorate, insurance company where the victim was insured against accidents at work and occupational diseases. In case of a serious or fatal accident at work, the State Labour Inspectorate shall refer the investigation documents to the Prosecutor’s Office.
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2.Reports of the investigation of occupational diseases shall be submitted to the worker who has contracted the disease or his or her representative, to the employer, the State Labour Inspectorate and to the territorial division of the Public Health Care Service, the insurance company where the worker was insured against accidents at work and occupational diseases.
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3.Investigation reports of all accidents at work and occupational diseases shall be preserved and registered at the State Labour Inspectorate in accordance with the procedure laid down accordingly by the Regulations on Investigation and Registration of Accidents at Work and the Regulations on Investigation and Registration of Occupational Diseases. Occupational diseases shall also be registered in the State Register of Occupational Diseases at the territorial division of the Public Health Care Service, State Register of Occupational Diseases in accordance with the procedure established in the Regulations for Investigation and Registration of Occupational Diseases and Regulations of the State Register of Occupational Diseases.
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4.Reports of the investigation of accidents at work and investigation material, reports of the investigation of occupational diseases and investigation material shall be kept at the undertaking where the accident at work occurred or the occupational disease was diagnosed and at the State Labour Inspectorate in compliance with the time period set for the safekeeping of documents by the Lithuanian Archives Department under the Government of the Republic of Lithuania.
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5.All accidents at work and occupational diseases shall be registered in accordance with the procedure established in the Regulations for Investigation and Registration of Occupational Diseases and the Regulations for Investigation and Registration of Accidents at Work.
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PART V
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ECONOMIC MEASURES TO ENCOURAGE IMPROVEMENTS IN SAFETY AND HEALTH AT WORK. LIABILITY FOR VIOLATIONS OF REQUIREMENTS ON SAFETY AND HEALTH AT WORK. FINAL PROVISIONS
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CHAPTER IX
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ECONOMIC MEASURES AND LIABILITY
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SECTION I
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ECONOMIC MEASURES
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Article 75Social insurance of workers against accidents at work and occupational diseases
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1.The employer must insure the workers against accidents at work and occupational diseases by social insurance.
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2.In addition to the compulsory insurance, collective agreements and understandings may provide for supplementary insurance of the workers against accidents at work and occupational diseases.
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Article 76Differentiation of the amounts of social insurance contributions
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Taking account of accidents at work, occupational diseases and factors of risk to safety and health, different amounts of social insurance contributions shall be prescribed for different spheres of economic activities.
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SECTION II
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LIABILITY FOR VIOLATIONS OF LEGAL ACTS ON SAFETY AND HEALTH AT WORK. COMPENSATION FOR DAMAGE
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Article 77Liability of employers and workers
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1.Employers whose acts or omission constitute a violation of legal acts on safety and health at work and who, therefore, fail to ensure safe and healthy working conditions shall be liable under the law.
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2.After investigations of accidents and occupational diseases and establishment of circumstances and causes thereof, the employer’s liability for the safety and health of workers at work may be limited or he may not be held liable altogether if the worker was injured or contracted an occupational disease due to unusual circumstances which were beyond the employer’s control or due to extraordinary events the consequences whereof could not be avoided despite the exercise of all due measures.
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3.The employer shall not be held liable for accidents to or from work.
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4.The employer’s liability for failure to ensure safety and health at work may be limited upon the evaluation of all the measures taken by the employer in the manner prescribed by Article 36 of this Law.
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5.The employee who has violated the legal acts on safety and health at work or the regulatory acts on safety and health in an undertaking with which he was familiarised shall be held liable under the law.
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Article 78Compensation for damage to a worker’s health
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1.A worker who has lost his functional capacity as a result of an accident at work or occupational disease which resulted in the loss of income shall be entitled to be compensated for the pay lost in accordance with the Republic of Lithuania Law on Accidents at Work and Law on Social Insurance against Occupational Diseases and other laws.
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2.If a worker who is injured in an accident at work or contracts an occupational disease has no social insurance against accidents at work or occupational diseases, the income lost due to loss of functional capacity and medical aid and treatment costs as well as the expenses related to the victim’s social, professional rehabilitation shall be compensated by the employer. The compensation must amount to at least the sum established by the law of the Republic of Lithuania on Social Insurance against Accidents at Work and Occupational Diseases.
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Article 79Accident benefit in the event of death of a worker caused by an accident at work
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If a worker dies as a result of an accident at work which is recognised as an insured event, the persons specified in the Law on Social Insurance against Accidents at Work and Occupational Diseases shall be paid the insurance benefits.
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Article 80Administrative fines for violations of legal acts on safety and health at work
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The State Labour Inspectorate shall impose fines provided for under the laws of the Republic of Lithuania on the employers and workers who violate legal acts on safety and health at work.
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CHAPTER X
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FINAL PROVISIONS
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Article 81Control of safety and health at work
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Control of compliance with the requirements of safety and health at work in undertakings shall be exercised by the State Labour Inspectorate. The functions, rights and responsibilities of the State Labour Inspectorate shall be established in the Republic of Lithuania Law on State Labour Inspectorate.
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Article 82Settlement of disputes
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1.Disputes related to the application and violations of legal acts on safety and health at work shall be settled in accordance with the procedure established by law.
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2.Collective labour disputes (conflicts) related to safety and health at work shall be settled in accordance with the procedure established in the Law of the Republic of Lithuania on Settlement of Collective Disputes.
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Article 83Registration of and accountability for safety and health at work
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1.Undertakings shall fill out a statistical report in accordance with the data registered in the safety and health status card of the undertaking, where workstations in which concentrations of hazardous and/or dangerous factors exceed the levels established in legal acts on safety and health at work, accidents, occupational diseases, workstations in which potentially dangerous equipment or work equipment is used shall be indicated.
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2.Indicators and the form of statistical accountability of safety and health at work shall be established by the Government.
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Article 84International co-operation
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International co-operation of the Republic of Lithuania in the sphere of safety and health at work shall be based on the appropriate legal acts of the European Union, of the International Labour Organisation, and on other international instruments.
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Article 85Application of legal acts on safety and health at work of the European Union and International Labour Organisation in the Republic of Lithuania
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Legal acts on safety and health at work of the Republic of Lithuania shall be drawn up on the basis of the provisions of legal acts on safety and health at work of the European Union, the provisions of the International Labour Organisation Conventions ratified in the prescribed manner by the Republic of Lithuania and taking into consideration of the recommendation of the International Labour Organisation.
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Article 86Entry into force of Article 15(3), Article 29 and Article 69 (6) of the Law
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1.Articles 15 (3)of this Law shall enter into force on 1 July 2001.
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2.Article 29 of this Law shall be in effect until 31 December 2005.
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3.Article 69 (6) of the Law of the Republic of Lithuania on Labour Protection shall be in effect until 1 January 2001.
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Article 87Application of Article 79 of the Law
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The provisions of Article 79 of this Law shall apply from the day of coming into force of the Law on Social Insurance against Accidents at Work and Occupational Diseases.
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Article 88Proposals to the Government
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Upon entry into force of this Law the Government shall :
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1)approve by 1 February 2001 the Regulations for Investigation and Registration of Accidents at Work and the Regulations for Investigation and Registration of Occupational Diseases;
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2)set the time limits for coming into force of the amendments and supplements to the legal acts on safety and health at work, approved in the course of implementation of the Resolution of the Seimas of the Republic of Lithuania of 7 October 1993 No. I-267 “Regarding the Implementation of Articles specified in Article 88 of the Law of the Republic of Lithuania on Labour Protection” as well as the deadlines for coming into force of the legal acts on safety and health at work referred to in the Articles of the above Law, that are approved by the Ministers.”
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I promulgate this Law passed by the Seimas of the Republic of Lithuania.
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President of the Republic VALDAS ADAMKUS