As of 27 July 2021, the Labour Inspectorate is sending reminders to employers stating that employers have an obligation to prepare the risk assessment in the working environment database or send it to the Labour Inspectorate in a format which can be reproduced in writing (subsection 134 (7) of the Occupational Health and Safety Act). Security authorities do not have to submit a risk assessment to the Labour Inspectorate (subsection 1 (2) of the Occupational Health and Safety Act). According to the implementing provision of said provision, employers are required to submit a valid risk assessment of the working environment prepared before 1 March 2021 to the working environment database or send it to the Labour Inspectorate by no later than 1 September 2021.
Employers who had at least one employee (including the only member of the management board with whom an employment contract has been concluded) entered in the employment register as of 27 July 2021 received a notification letter. If you received the letter but currently have no employees in the enterprise, please check the accuracy of the data in the employment register or disregard this letter. More information on how to make an entry in the employment register for a member of the management board is available on the website of the Tax and Customs Board.
In addition to security authorities, enterprises with no employees do not have to submit a risk assessment to the Labour Inspectorate. For example, the member of the management board is entered in the employment register only as a member of the management board, i.e. they only perform the role of the member of the management board specified in the Commercial Code and do not work for the enterprise. Similarly, it is not necessary to submit a risk analysis if the member of the management board has also been entered in the employment register as a person working under a contract under the law of obligations. The Occupational Health and Safety Act applies to these situations only in part.
If, in addition to management, the member of the management board does work for the enterprise which, under the circumstances, can be expected to be done only for remuneration, it is presumed to be an employment contract. In such case it is necessary to consider whether it is an employment relationship. If it is, it must be formalised as such. In this case, all rights and obligations established on the basis of the Occupational Health and Safety Act apply, including the obligation to prepare and submit a risk assessment to the Labour Inspectorate.
One option for employers is to prepare the risk assessment of the working environment in the self-service environment of the Labour Inspectorate at https://iseteenindus.ti.ee/login.
The self-service environment of the Labour Inspectorate includes a free risk assessment tool, the purpose of which is to offer an easy way for employers to conduct the risk assessment and thus ensure the safety of their employees. The system displays to the employer the hazards related to their field of activity and provides typical measures to mitigate these hazards. The main target group is small and medium-sized enterprises. A member of the management board, working environment specialist appointed by the employer, or another authorised person can use the tool to map the hazards present at the working environment and, based on the results of the mapping, prepare an action plan for addressing the hazards present – for mitigating, preventing and avoiding them.
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