16.The injured person or his representative (person representing the interests of the worker), may in compliance with in the Regulations for Investigation and Registration of Occupational Diseases, take part in the investigation of the accident at work, shall have the right to get access to the material regarding the investigation of the accident at work or occupational disease, must get the report of the investigation of the accident at work or occupational disease, may appeal against the investigation results and conclusions to the Chief State Labour Inspector or the court.
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Article 45Delivery 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 representative, to the employer’s representative 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 confirming occupational diseases shall be submitted to the worker who has contracted the disease or his representative, to the employer's representative, the State Labour Inspectorate and to the territorial division of the State public health care service, the insurance company where the worker was insured against accidents at work and occupational diseases.
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3.All investigation reports of all accidents at work and reports confirming occupational diseases shall be registered and entered into the records of 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 respectively. Occupational diseases shall also be registered in the State Register of Occupational Diseases and in the county territorial division of the State public health care service 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. The regulations of the State Register of Occupational Diseases shall be approved by the Government.
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4.Reports of the investigation of accidents at work and investigation material, reports confirming 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 IV
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LIABILITY FOR VIOLATIONS OF THE REQUIREMENTS OF REGULATIONS ON SAFETY AND HEALTH AT WORK
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Article 46Liability of employers and workers
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1.Employer’s representative or person authorised by the employer whose acts or omission constitute a violation of regulations on safety and health at work and who, therefore, fail to ensure safe and healthy working conditions shall be liable under law.
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2.After investigations of accidents and occupational diseases, 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 or contingencies which were beyond the employer’s representative’s or person’s authorised by the employer 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’s representative’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’s representative in the manner prescribed by Article 32 of this Law.
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4.The worker who has violated the regulations on safety and health at work or the undertaking’s regulatory acts on safety and health at work which he should comply with and with which he was familiarised (instructed and (or) trained how to comply with the requirements of the said acts) shall be held liable under law.
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Article 47Control of safety and health at work
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Control of compliance with the requirements of regulations on 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 Law on the State Labour Inspectorate.
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Article 48Settlement of disputes
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1.Disputes related to the application and violations of regulations 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 related to safety and health at work shall be settled in accordance with the procedure established in the Labour Code.
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Article 49Invalid legal acts
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Upon the entry into force of this Law, the following legal acts shall become invalid:
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1)the Law of the Republic of Lithuania on Labour Protection;
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2)the Law of the Republic of Lithuania amending the Law of the Republic of Lithuania on Labour Protection;
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3)the Law of the Republic of Lithuania amending Articles 1, 15, 28, 29, 35, 36, 42, 68 of the Law on Labour Protection;
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4)the Law of the Republic of Lithuania amending Article 79 of the Law on Labour Protection;
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5)the Law of the Republic of Lithuania amending Article 73 of the Law on Labour Protection;
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6)the Law of the Republic of Lithuania supplementing Article 43 of the Law on Labour Protection;
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7)the Law of the Republic of Lithuania amending of the Law on Labour Protection;
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8)the Law of the Republic of Lithuania amending Article 45of the Law on Safety and Health at Work; and
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9)the Law of the Republic of Lithuania amending Article 71 of the Law on Safety and Health at Work.
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Article 50Proposals to the Government
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The Government shall, within 6 months after the entry into force of this Law, revise the effective regulations related to the implementation of the provisions of this Law and, if necessary, amend them.
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Annex to the Law of the Republic of Lithuania on Safety and Health at Work THE LEGAL ACTS OF THE EUROPEAN UNION IMPLEMENTED BY THIS LAW Council Directive of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (89/391/EEC) (OJ, 2004 Special Edition, chapter 5, volume 1, p 349) with the latest amendments done by Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003 (OJ, 2004 Special Edition, chapter 1, volume 4, p 47).