SOP

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NON BINDING GUIDELINES A NEW APPROACH IN LATVIA
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FROM AWARENESS RAISING TO ACTION

• INTRODUCTION
• OF A
• SOFT LEGISLATION

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• NON BINDING GUIDELINES
• ARE A TRADITIONAL WAY OF POLICY MAKING
• TO PROMOTE BEST PRACTICE

in terms of QUALITY PRODUCTIVITY COLLABORATIVE
EMPLOYMENT PRACTICES SELF -REGULATION
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POST- ACCESSION STRATEGIES IN OHS ON EU LEVEL

• To simplify and Update existing legislative
  measures
• To facilitate practical implementation of the
  legislation
• To exchange good practice and experience
• To focus on identifying practical implementation
  problems
• To assist and support Member States to simplify
  their own legislation on health and safety at work

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• PROMOTIONAL FRAMEWORK FOR OCCUPATIONAL SAFETY AND
  HEALTH
• International Labour Conference, 95th session,
  2006
• Participation of government, employers and
  employees in securing a safe and healthy working
  environment through a system of defined rights,
  responsibilities and duties and where the
  principle of prevention is accorded to the
  highest priority
• Within a national system, member states shall
  establish, maintain, progressively develop a
  national system for occupational safety and
  health, in consultation with representative
  organizations of employers and workers

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• THEREFORE
• TRIPARTISM
• AND A
• SOCIAL DIALOGUE
• ARE
• KEY INSTRUMENTS
• Motto OHS is good for business

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PURPOSE

• The purpose of non-binding Guidelines is to
• provide employers, employees, managers and agents
  (or other workplace participants) with the
  necessary practical guidance to comply with the
  Acts and prevent hazards to the health
• assist trade unions and employer organisations to
  advise their members on issues concerning in the
  workplace

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• LATVIAS BENEFITS
• keeps volume and complexity of regulations lean
• increases and facilitates employers and employees
  involvement in comprehensive, proactive or
  adaptive measures
• allows to follow changing work environments and
  unforeseen circumstances in time
• gives prospect for more strategic, effective and
  cost efficient use of inspectoral resources
• encourages industry or branch specific workplace
  innovation and leadership, which may lead to
  improved standards
• challenges firms that operate in different
  jurisdictions
• provides country-wide reasonably practicable
  measures
• improves the climate and the productivity inside
  the company

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STANDARDS OF PRACTICE (SOPs) IN LATVIA SHOULD
GUARANTEE

• the compliance with regulations, duties and
  obligations when using them
• that failure to comply with the SOP does not give
  rise to civil or criminal liability

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DEMANDS ON A STANDARD OF PRACTICE

• Flexible, open, non bureaucratic
• Effective in addressing risks
• Clear with commonly accepted measures of control
• Easy to implement
• Easily adaptable to new developments
• Understandable for workplace parties
• Support for Small and Medium Enterprises
• Focus on standardized measures

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• PROPOSAL OF A LEGISLATIVE AMENDMENT
• Section 25 Labour Protection Law
• Authorisation for the National Trilateral
  Co-operation Council to issue guidelines and
  technical standards in the field of Labour
  Protection
• (1) The National Trilateral Co-operation Council
  and on its delegation the Tripartite
  Co-operation Subcommittee on Labour Affairs shall
  issue guidelines and technical standards
  regarding regulations in the field of Labour
  Protection.
• (2) Guidelines or technical standards shall
  prescribe the state of art regarding legal
  regulations in the field of Labour Protection.
• (3) As a rule, the employer shall be deemed to be
  in compliance with the requirements of this law
  insofar as he is in compliance with regulations
  and advisories mentioned in the guidelines and
  technical standards (presumption of conformity).
  The employer shall be permitted to deviate from
  these guidelines or technical standards insofar
  as a comparable level of workers health and
  safety protection is achieved by means of other
  measures.

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PROPOSAL FOR THE PREFACE OF A NON BINDING
GUIDELINE

• These Guidelines are not legally binding. They
  provide practical guidance and advice on the
  rights and responsibilities relating to under
  the Act and related case law. The case examples
  are provided by way of illustrative example only.
• Some of the suggestions are inferred from or
  based on an interpretation of the law, rather
  than on settled cases.

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Thank youfor your attention