Statutes of the Labour Inspectorate

Transcription

1 Statutes of the Labour Inspectorate Regulation No. 26 of the Minister of Social Affairs of 17 October 2007 Chapter 1 GENERAL PROVISIONS 1. The status of the Labour Inspectorate (1) The Labour Inspectorate is a government agency operating within the area of government of the Ministry of Social Affairs which performs state supervision and applies enforcement by the state on the bases and to the extent prescribed by law. (2) The expenditures of the Labour Inspectorate are covered form the state budget. The Minister of Social Affairs shall approve and change the budget and control its execution. (3) The Labour Inspectorate shall have a settlement account within the consolidated account of the State Treasury. 2. Representation The Labour Inspectorate shall represent the state in the performance of its functions. 3. The name of the Labour Inspectorate in different languages The name of the Labour Inspectorate shall be: 1) in English Labour Inspectorate; 2) in Russian Инспекция Труда. 4. Accountability The Labour Inspectorate shall be accountable to the Minister of Social Affairs who directs and coordinates its activity and exercises supervisory control pursuant to the procedure provided by law. 5. Seal and insignia of the Labour Inspectorate (1) The Labour Inspectorate shall have a circular seal of 35 mm in diameter bearing its name, with the small national coats of arms. (2) The Labour Inspectorate may have registered symbols in the prescribed manner. 6. Blank documents of the Labour Inspectorate (1) The Labour Inspectorate shall have blank documents bearing its name and the small national coat of arms or insignia, the procedure for the use of which shall be determined at the operations procedure of the Labour Inspectorate. (2) The blank documents to be used at a local inspectorate, the name of the local inspectorate and requisite elements shall be added to the name of the Labour Inspectorate. 7. Location The Labour Inspectorate is located in Tallinn. The postal address of the Labour Inspectorate is 29 Gonsior Street, Tallinn; the electronic postal address is ti@ti.ee, Website /. The postal addresses of the local inspectorates of the Labour Inspectorate are indicated in their Statutes.

2 Chapter 2 FIELD OF ACTIVITY AND FUNCTIONS 8. Main functions of the Labour Inspectorate The main functions of the Labour Inspectorate shall be implementation of the work environment policy, state supervision in the work environment over compliance with the requirements of legislation regulating occupational health and safety and labour relations, informing general public, workers and employers of the dangers in the work environment and resolving of individual labour disputes in extra-judicial labour dispute resolution body. 9. Functions of the Labour Inspectorate For the performance of its main functions the Labour Inspectorate shall: 1) plan, coordinate and exercise state supervision in the work environment over the compliance with legal acts regulating occupational health and safety and labour relations and apply enforcement by the state on the bases and to the extent prescribed by law; 2) carry out preventive work with the aim to make work environment safer and increase the quality of work life, involving pertinent institutions and organizations; 3) submit proposals to the Ministry of Social Affairs for drawing up work environment policy and prepare the strategy for performance of its duties in implementing work environment policy; 4) submit proposals to the Ministry of Social Affairs for drawing up legal acts regulating occupational safety, occupational health and labour relations and for amending them and deliver opinions on draft legal acts; 5) investigate fatal accidents at work and, in case of need, cases of occupational diseases and other accidents at work, exercise supervision over investigation of accidents at work and occupational diseases and over the implementation of measures for the prevention of accidents at work and occupational diseases; 6) collect statistics on accidents at work and cases of occupational diseases and make analysis thereof; 7) maintain a database including data on accidents at work, cases of occupational diseases and work-related diseases and other necessary data for inspection activity; exchange data with relevant institutions; analyze work environment situation; 8) exercise market supervision over the safety of personal protective equipment in the work environment and over ensuring its protective properties at manufacturing and sale; 9) check in case of need the conformity of conditions of work in new and reconstructed buildings with established requirements; 10)take decisions in the cases provided by law on granting or withholding approval or consent; 11)resolve individual labour disputes pursuant to the procedure prescribed by law; 12)issue within the limits of its competence administrative acts and resolve challenges; 13)carry out extra-judicial proceeding of misdemeanor, pursuant to the procedure and in the cases prescribed by law; 14)commence criminal proceedings and perform urgent investigative actions; 15)represent the State in court actions within the limits of its competence; 16)collaborate with authorities of executive power, local government authorities, employers` and workers` representative organizations and international organizations; 17)coordinate and arrange information of general public, workers and employers on the implementation of legal acts regulating occupational safety and health and labour relations and inspection results; 18)respond to memoranda, requests for explanations, requests for information, arrange disclosure of information; administrate its website; 19)develop personnel policy and strategy for the implementation of the policy; develop training strategy for personnel, coordinate training to be carried out within the frames of external and international cooperation, arrange training pertaining to work and in-service training; 20)prepare budget estimate, check the implementation of the budget and draw up the report on

3 implementation of the budget; 21)hold, make use of and dispose state assets in its possession in conditions stipulated by legal acts and in the prescribed manner; 22)perform other duties assigned by legal acts. Chapter 3 STRUCTURE AND MAIN FUNCTIONS OF STRUCTURAL UNITS 10. Structural units of the Labour Inspectorate (1) A structural unit of the Labour Inspectorate is a department and a local inspectorate. (2) Duties, rights and obligations of a structural unit shall be specified in the statutes of the structural unit, laid down by the Director General. 11. Management of a structural unit of the Labour Inspectorate (1) A structural unit of the Labour Inspectorate shall be led by a head of the unit. (2) The head of a structural unit shall assume responsibility for the legitimate, precise and timely performance of the duties assigned to him or her. The functions, rights and liability shall be specified in the statutes of the structural unit, laid down by the Director General. 12. Departments of the Labour Inspectorate The departments of the Labour Inspectorate are: 1) Work Environment Department, the main function of which shall be planning of supervision over occupational health and safety and instruction and guidance of local inspectorates in the performance of inspection activity; on the bases of the analysis of inspection results, rendering opinion on occupational health and safety situation in the work environment, consultation of local inspectorates and control of their inspection activities in the work environment and on investigation of accidents at work and cases of occupational diseases; 2) Labour Relations Department, the main function of which shall be planning of supervision over labour relations and instruction and guidance of local inspectorates in the performance of inspection of labour relations; on the bases of the analysis of inspection results, rendering opinion on the quality of work life; formation of common position in implementing legal acts regulating labour relations and performance of other duties as prescribed by legal acts; coordination of the activities of Labour Dispute Committees and consolidation of case studies of Labour Dispute Committees; 3) Communication Department, the main function of which shall be on the basis of inspection results to prepare analysis of work environment situation and quality of work life, also analysis of occupational accidents and cases of occupational diseases and draw up reports thereof; maintenance of database; coordination of nationwide preventive activities and guidance of local inspectorates organizing preventive activities; information of general public and target groups of dangers in the work environment and delivery of overviews on accidents at work and cases of occupational diseases; coordination of arrangement of information days, seminars and round tables; administration of website of the institution; 4) Financial and Administrative Department, the main function of which shall be drafting of annual budget and monitoring of its compliance and settlement of accounts; administration of the personnel, arrangement of professional and in-service training; implementation of public procurements; ensuring protection of data. 13. Local inspectorates of the Labour Inspectorate, their work areas and locations (1) The main function of a local inspectorate of the Labour Inspectorate is supervision of employers over compliance with requirements of legal acts regulating occupational health and safety and labour relations, investigation of accidents at work and cases of occupational diseases, granting consents and approvals and organizing preventive and informative activities.

4 (2) The local inspectorates of the Labour Inspectorate are: 1)Ida Inspectorate, scope of activities shall be in Ida-Viru County and Lääne-Viru County located in Jõhvi; 2)Lõuna Inspectorate, scope of activities shall be in Jõgeva County, Põlva County, Tartu County, Valga County, Viljandi County and Võru County located in Tartu; 3) Lääne Inspectorate, scope of activities shall be in Hiiu County, Saare County, Järva County, Lääne County, Pärnu County and Rapla County located in Pärnu; 4) Põhja County, scope of activities shall be in Harju County located in Tallinn. (3) Labour inspectors hold office at local inspectorate, the location of their place of employment in the county shall be established by a directive of Director-General. 14. Labour Dispute Committee (1) Labour dispute committees are affiliated at local inspectorates of the Labour Inspectorate, guided in their activities by Individual Labour Dispute Resolution Act. (2) Head of a labour dispute committee is nominated and released from office by the Minister of Social Affairs on the proposal of Director-General of the Labour Inspectorate. Chapter 4 MANAGEMENT 15. Management of the Labour Inspectorate The Labour Inspectorate is directed by the Director-General who is nominated and released from office by the Minister of Social Affairs. 16. Director-General Director-General shall: 1) direct the activities of the Labour Inspectorate and organise performance of its duties; 2) assume responsibility for precise and efficient compliance of legal acts and report to the Minister of Social Affairs of the activities of the Labour Inspectorate; 3) act in the name of the Labour Inspectorate and represent the Labour Inspectorate in its area of activity, including international cooperation; 4) give authorization to act as a representative of the Labour Inspectorate; 5) submit proposals to the Minister of Social Affairs for establishment of the structure and the staff of the Labour Inspectorate and arrangement of the area of activity for the Labour Inspectorate; 6) nominate and release from office officials of the Labour Inspectorate and conclude, amend and terminate employment contracts with support staff; 7) establish evaluation requirements for the officials of the Labour Inspectorate in concordance with competition and evaluation committee; 8) designate incentives and disciplinary punishments for officials pursuant to cases and procedure prescribed by law and promote officials; 9) approve statutes, job descriptions, work plans, employees salaries, internal procedure rules, operations procedure, holiday schedule, salary guide, accounting policies and procedures, detailed distribution of the budget and other administrative documents of structural units of the Labour Inspectorate; 10)arrange implementation of internal audit system and activities therein; nominate the person responsible for internal audit at the Labour Inspectorate; 11)exercise supervisory control at the Labour Inspectorate, assign the Deputy Director-General or a head of a structural unit the task of collecting materials and explanations for ascertaining the facts; 12)submit proposals to the Minister of Social Affairs on the budget of the Labour Inspectorate and monitor precise and to the purpose implementation of the budget; 13)dispose state assets and means in the possession of the Labour Inspectorate in conditions stipulated by legal acts; arrange prudent use of the state assets in the possession of the

5 Labour Inspectorate and ensure their preservation; 14)enter within approved budgetary limits into contracts in the name of the Labour Inspectorate; 15)resolve submitted challenges concerning administration legislation or procedure of the Labour Inspectorate and take decision on challenge pursuant to cases and procedure prescribed by law; 16)resolve or authorize officials from the Labour Inspectorate to resolve complaints on the activity of a body conducting extra-judicial proceedings; 17)approve the list of posts of the officials of the Labour Inspectorate who have jurisdiction to proceed with a misdemeanor matter in the name of a body conducting extra-judicial proceeding and issue certificates of competence to officials; 18)designate officials of the Labour Inspectorate who specify their own working time; 19)establish work groups to resolve matters within the area of activity of the Labour Inspectorate; 20)perform other duties assigned by legal acts. 17. Directives of the Director-General of the Labour Inspectorate The Director-General of the Labour Inspectorate issues directives pursuant to law, regulation or order of the Government of the Republic, regulation or directive of the Minister of Social Affairs on issues of service and for performance of duties provided by this Statute. 18. Substitution of the Director General of the Labour Inspectorate Upon temporary absence of the Director-General, the Director General is substituted by the Deputy Director-General. Upon the absence of the Deputy Director-General, the Director- General may assign a head of a department to substitute him or her. 19. Duties of the Deputy Director General Duties of the Deputy Director-General are laid down in the job description, approved by the Director-General Chapter 5 FINAL PROVISIONS 20. Reorganization and termination of the activities of the Labour Inspectorate Reorganization or termination of the activities of the Labour Inspectorate takes place pursuant to procedure prescribed by law. 21. Repeal of the Regulation Regulation No 51 of the Minister of Social Affairs of 31 March 2003 Statutes of the Labour Inspectorate is repealed. 22. Entry into force The Regulation shall enter into force on 1 February Maret Maripuu Minister Riho Tapfer Secretary General