Ele Riipus
Teema: FW: Regarding cooperation in the overview of positive motivations (motivational
instruments) to promote implementation of OSH
From: Sandra Kuus
Sent: Thursday, September 8, 2022 4:52 PM
To: '
[email protected]' <
[email protected]>
Subject: Regarding cooperation in the overview of positive motivations (motivational instruments) to promote
implementation of OSH
Dear Mr Darius Čapas
This letter is in response to the inquiry about positive motivations experiences and practices to promote
implementation of OSH requirements. The list of positive motivations experiences and practices providing positive
support for occupational safety and health compliance towards employers and employees in Estonia can be found
below.
Firstly, motivational instruments implemented by the Labour Inspectorate:
1. The legal advisors and work environment consultants of the Labour Inspectorate provide counselling
services. The legal advisors give answers to questions concerning employment contracts, working and rest
time, holidays, wages and other matters related to labour relations as well as collective labour relations. The
work environment consultants answer questions about safety at work and healthy workplaces. The
counselling service of the Labour Inspectorate is free of charge and can be reached by phone or e-mail.
More information can be found here: https://www.ti.ee/en/prevention-and-information/communication-
activities/free-counselling-service-labour-inspectorate
2. Estonian Labour Inspectorate has created a working environment consultant service to provide employers
with more personal support and advice by going on site and giving advice on setting up a work environment
management system. The consultant’s main task is to consult employers on occupational health and safety
in the company. The consultants can give advice on the entire working environment and documentation or a
specific area of the working environment (e.g. use of personal protective equipment).
The consulting service is offered all over Estonia. The consulting service is free of charge.
More information can be found here: https://www.ti.ee/en/prevention-and-information/communication-
activities/free-working-environment-consultant-service
3. One of the functions of the Estonian Labour Inspectorate is to carry out monitoring, within the limits of the
powers conferred on it by law, of employer’s compliance with obligations arising from legislation on
occupational health, occupational safety, and employment relationships. The purpose of this supervision is
to facilitate and proactively ensure the creation of a safe, secure, and healthy working environment.
4. Estonian Labour Inspectorate offers a free online risk assessment tool for employers to carry out risk
assessments. The risk assessment tool displays hazards related to the employer’s field of activity and
provides typical measures to mitigate these hazards.
The main target group is small- and medium-sized enterprises for whom finding a risk assessment service
provider may be a significant additional cost and complicated to do on their own. A member of the
management board, a 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
prepare an action plan for addressing the hazards – for mitigating, preventing and avoiding them.
5. Employers and employees can get information about occupational health and safety and labour relations
from the Working Life Portal (here: https://tooelu.ee/en). The Working Life Portal is avalaible in three
languages (Estonian, English, Russian), some topics are written also in Ukrainian (e.g. "Ukrainian war
refugees and employment relations").
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6. Different brochures on employment contracts and occupational health and safety are also available in three
languages, both on paper and online. They can be found here: https://www.ti.ee/ennetus-ja-
teave/infomaterjalid/trukised
7. Each year, the Labour Inspectorate recognises enterprises that develop a good working environment (The
Good Working Environment Award). The goal is to highlight enterprises that provide a healthy working
environment and safe working conditions for the employees. In these enterprises, employers are aware of
risks in the working environment, risk assessment is integrated into the work process and risks that affect
the health of employees are constantly assessed and mitigated quickly and effectively. In order to promote a
safety culture, the enterprise is asked to describe in the application a situation in which they have made the
work process safer, introduced a change that protects the health of their employees or modified the system
in a way that caused the working environment to improve. The awards are presented in two categories:
enterprises with less than 50 employees and enterprises with more than 50 employees. The Good Working
Environment Award is motivating for the employers as it raises the reputation of the employer in the eyes of
other enterprises and potential new employees.
More information can be found here: https://www.ti.ee/en/prevention-and-information/events-
publications-and-campaigns/good-working-environment-award
8. Labor Inspectorate offers free consultations if changes or reorganisation of the enterprise take place (e.g.
collective cancellation of the employment contract or transfer of enterprise and explains to the employees
and the employer what they need to do and what rights and obligations they have.
9. Labour Inspectorate offers regularly free events and seminars on labour law and occupational health and
safety topics (e.g. working environment specialist training).
Secondly, motivational instruments in the legislation are the following:
1. According to the Employment Contract Act it is presumed that an employee’s annual holiday is 28 calendar
days unless the employee and the employer have agreed upon a longer annual holiday or unless otherwise
provided by law. Employees with partial or no work ability have the right to 35 calendar days of annual
holiday. The state compensates the employer for 7 calendar days of holiday pay. This governmental
initiative serves as an incentive for the employers who want to hire an employee with partial or no work
ability and provides the help and support to do so.
More information can be found here: https://www.sotsiaalkindlustusamet.ee/en/compensating-employers-
holiday-pay-and-average-wage-state-budget
2. Expenses made for improving the employee’s health will not be taxed as a fringe benefit in the extent of 100
euros per employee per quarter if the employer has made this option available to all employees.
Tax exempt health promotion expenses include:
participation fee in public sports events;
expenses directly related to regular use of sporting or mobility venues;
expenses made for maintenance of the employer’s existing sports facilities;
expenses made for the services of a rehabilitation therapist, physiotherapist, occupational therapist, clinical
speech therapist or clinical psychologist entered in the state register of health care professionals or holding
a corresponding professional certificate;
health insurance premiums of a sickness insurance contract.
More information can be found here: https://www.emta.ee/en/node/168/chapter/252
3. In order to reduce the risk of people going to work when they are sick and thereby limit the spread of
COVID-19, the procedure for compensating sick leaves was changed from 01.01.2021. The employer now
pays compensation from the 2nd to the 5th day of illness. The state pays starting from the 6th day. Before
2021, the employer paid for the 4th to 8th day, the first 3 days were unpaid. Now only the 1st day of sick leave
is unpaid.
4. According to the occupational health and safety act, an employer and an employee may agree upon a
contractual penalty for the violation of occupational health and safety requirements. A contractual penalty
agreement must determine the actions of the employee and employer that can be deemed as a violation of
occupational health and safety requirements and that can result in a risk to the employee’s health. This
article has been in force since 2019. This allows employees to demand contractual penalties from employers
if they violate occupational health and safety requirements.
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We would kindly ask for your feedback as well. Please provide information about the positive motivations
experiences and practices managed to promote implementation of OSH requirements you have implemented at the
moment and your country’s plans for the future based on the feedback you have received. Please reply to
[email protected].
Best regards
Sandra Kuus
advisor
6269 251 |
[email protected]
Sotsiaalministeerium
Suur-Ameerika 1 | 10122 Tallinn
626 9301 | http://www.sm.ee
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