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22/12/08 RAP/RCha/LI/VI(2008) REVISED EUROPEAN SOCIAL CHARTER 6th National Report on the implementation of the European Social Charter (revised) submitted by THE GOVERNMENT OF LITHUANIA (Articles 3, 12 and 13 for the period 01/01/2005 – 31/12/2007 Article 11 and 14 for the period 01/01/2003 – 31/12/2007) __________ Report registered by the Secretariat on 19 December 2008 CYCLE 2009 REPUBLIC OF LITHUANIA SIXTH REPORT ON IMPLEMENTATION OF THE EUROPEAN SOCIAL CHARTER (REVISED): GROUP 2 (HEALTH, SOCIAL SECURITY AND SOCIAL PROTECTION) Articles 3, 11, 12 (Paragraphs 1, 3 and 4), 13 (Paragraphs 1-3), 14 Reporting Period: From 1 January 2005 to 31 December 2007 CONTENTS PROVISIONS OF THE EUROPEAN SOCIAL CHARTER (REVISED) ........................... 3 ARTICLE 3§1..................................................................................................................................... 3 ARTICLE 3§2..................................................................................................................................... 8 ARTICLE 3§3................................................................................................................................... 19 ARTICLE 3§4................................................................................................................................... 38 ARTICLE 11§1................................................................................................................................. 42 ARTICLE 11§2................................................................................................................................. 58 ARTICLE 11§3................................................................................................................................. 70 ARTICLE 12§1............................................................................................................................... 108 ARTICLE 12§3............................................................................................................................... 125 ARTICLE 12§4............................................................................................................................... 128 ARTICLE 13§1............................................................................................................................... 134 ARTICLE 13§2............................................................................................................................... 153 ARTICLE 13§3............................................................................................................................... 154 ARTICLE 14§1............................................................................................................................... 157 ARTICLE 14§2............................................................................................................................... 166 2 PROVISIONS OF THE EUROPEAN SOCIAL CHARTER (revised) ARTICLE 3§1 With a view to ensuring the effective exercise of the right to safe and healthy working conditions, the Parties undertake, in consultation with employers’ and workers’ organisations: 1. to formulate, implement and periodically review a coherent national policy on occupational safety, occupational health and the working environment. The primary aim of this policy shall be to improve occupational safety and health and to prevent accidents and injury to health arising out of, linked with or occurring in the course of work, particularly by minimising the causes of hazards inherent in the in the working environment; 1) Please describe the national policy on occupational health and safety and the consultation with employers’ and workers’ organisations in formulating this policy. Please specify the nature of, reasons for and extent of any reforms. Occupational health and safety 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 operation of an undertaking in order to protect the workers from occupational risks or to minimise this risk. The national policy on occupational health and safety is enforced by the Ministry of Social Security and Labour and the Ministry of Labour in line with the Constitution of the Republic of Lithuania, Labour Code, legislation, Government resolutions and regulations. Response to the question raised by the European Committee of Social Rights: General objectives of the national policy However, it reiterates the question put in the previous conclusion on whether steps have been taken to make occupational health and safety an integral aspect of other public authorities’ policies. Although responsibility for occupational safety and health lies with the Ministry of Social Security and Labour and the Ministry of Health, but the policy is on state-level and has been integrated by different public authorities within their scope of competence. For instance, the Ministry of Education and Science contributes to the implementation of the policy through education on occupational safety and health matters at schools, the Ministry of Environment takes part in the activity as much as it relates to environmental factors, e.g. pollution and similar issues. The Law on Safety and Health at Work, Article 6, stipulates that with a view to coordinating the interests of the State, workers and employers in the area of safety and health at work, the Occupational Safety and Health Commission of the Republic of Lithuania shall be established, under 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 on the Occupational Safety and Health Commission, approved by Resolution No. 13 of the Government of the Republic of Lithuania of 9 January 2002. Pursuant to the Regulations on the Occupational Safety and Health Commission of the Republic of Lithuania, this Commission shall coordinate the interests of the State, workers and employers in the area of safety and health at work under the principal of tripartite cooperation of social partners (parties). The Occupational Safety and Health Commission of the Republic of Lithuania is an advisory body to the Minister of Social Security and Labour in pursuance of occupational safety and health policy. 3 All the draft legislation on occupation safety and health are submitted to the Occupational Safety and Health Commission of the Republic of Lithuania for consideration. Only upon receiving the Commission’s approval, they are submitted to respective ministries (ministers), the Government and the Seimas. With a view to examining issues relating to the prevention of violations of requirements set for safety and health at work in undertakings, county territorial occupational safety and health commissions shall be established and municipal occupational safety and health commissions may be established under the principle of tripartite cooperation of social partners. The procedure for establishment and formation of county and municipal commissions shall be laid down by the Ministry of Social Security and Labour and the Ministry of Health. Employers’ organisations and trade unions operating in a respective economical sector may establish occupational safety and health commissions for separate economic sectors under the principle of bilateral cooperation. The founders of such commissions shall lay down procedures for the establishment and formation of the commissions. (Law on Safety and Health at Work, Article 7). 2) Please indicate the measures taken (administrative arrangements, programmes, action plans, projects, etc.) to implement the national policy in consultation with employers’ and workers’ organisations. Pursuant to the Regulations on the Occupational Safety and Health Commission of the Republic of Lithuania, the Commission examines draft legislation on safety and health at work, provides comments and proposals to the Ministry of Social Security and Labour and the Ministry of Health, as well as other state bodies and institutions. Where necessary, the Commission makes proposals to respective state institutions about the need to develop new legislation on safety and health at work, and make amendments to effective legislation. In addition, it examines draft programmes and action plans on the improvement of occupational safety and health as well as the results of their implementation. Occupational safety and health regulations and their draft amendments, developed in 2005 – 2007, were submitted to the Occupational Safety and Health Commission for consideration and only upon receipt of its approval were submitted for further approval. Taking in account that during 2005, serious and fatal accidents at work, in the course of hazardous work, the list of which was approved by Government Resolution No. 1386 of 3 September 2002 of the Republic of Lithuania (Official Gazette, 2002, No. 87-3751), accounted for approximately one third of all fatal and serious accidents at work in the country, the Government of the Republic of Lithuania adopted Resolution No. 292 of 21 March 2007, Concerning the Description of the Procedure of Mandatory Assessment of Knowledge of an Employer or an Authorised Person thereof on Occupational Safety and Health Issues and Approval of the List of Employers Released from the Assessment of Knowledge (Performance Appraisal) on Occupational Safety and Health Issues (Official Gazette, 2007, No. 37-1365). The
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