Occupational safety and health legislative framework
In Estonia, the Occupational Health and Safety (OSH) Act [1], the so-called framework law, is the most fundamental of the occupational health and safety legislations. It covers occupational health and safety requirements for the work of workers, rights and responsibilities of employers about employees' health in establishing and ensuring a safe work environment and organizing occupational health and safety at enterprise and national level. More than twenty regulations have been adopted under the Occupational Health and Safety Act, determining specific requirements for workplaces and work equipment and different work operations [2]. The regulations comprise requirements of the Directives of the European Council, such as the framework Council Directive 89/391/EEC [3], on account of which the requirements in force in Estonia are similar to those in place in other EU countries.
National OSH strategy and programmes
Details on the national OSH strategy and strategic documents can be found in a specific OSHwiki article
Social dialogue
The Ministry of Economic Affairs and Communications is responsible for formulating and overseeing the implementation of the working life policy, with a strong commitment to promoting equal treatment. Through the cultivation and sustenance of productive employment relationships and the provision of a safe, healthy work environment, we actively contribute to enhancing the quality of working life and fostering gender balance within the workforce.
Little research has been conducted on the connections between social dialogue and working conditions in Estonia. The main sources of information have been the Working Life Barometer surveys [4], but no analysis on role and impact of social dialogue based on the survey data has been carried out. The available research has concentrated on the issues of social dialogue or working conditions separately and it is difficult to discern connections between these topics. Some issues have been studied in somewhat greater depth, i.e. employee participation, including information and consultation practices and efficiency.
The Estonian Trade Union Confederation (EAKL) comprises 15 branch unions that represent state and municipal government officials, education workers, health care workers, transport workers (including road, railway, sea and air transport), industrial workers (including energy, light industry, food industry, timber and metal industry) and people employed in the service sector (postal, communication, trade, hotel and cleaning sector workers, etc.).
The Estonian Employers’ Confederation (Tööandjate Keskliit) represents the largest number of employers in the local employers' organization and covers all economic sectors in Estonia.
Social dialogue at sectoral level
In Estonia there are no sectoral committees or boards. However worker representatives often participate in inspection activities and there is a close relationship between the unions (sectoral level) and the Labour Inspectorate[5].
Social dialogue at enterprise level
According to the Occupational Health and Safety Act[1], a work environment council must be set up in all enterprise with 150 or more employees. A work environment council is an internal institution, which contains an equal number both of employer’s and employees representatives and where issues related to occupational health and safety are discussed.
OSH infrastructure
OSH infrastructure scheme
The Ministry of Economic Affairs and Communications is responsible for formulating and overseeing the implementation of the working life policy, with a strong commitment to promoting equal treatment. Through the cultivation and sustenance of productive employment relationships and the provision of a safe, healthy work environment, we actively contribute to enhancing the quality of working life and fostering gender balance within the workforce.
Figure 1: The OSH infrastructure in Estonia Source: SIHLWA [6]
National competent bodies
OSH authorities and inspection services
In the Estonian occupational health and safety system, the The Ministry of Economic Affairs and Communications [7] is the executive authority which regulates the entire field, whereas the Working Life Development Department is directly involved in occupational health and safety-related policy-making.
The Working Life Development Department is responsible for the overall co-ordination and management of the activities in the field of occupational health and safety. The Working Life Development Department:
Plans and implements the working environment policy;
Elaborates regulations on occupational health and safety.
Three Estonian governmental health authorities - Health Protection Inspectorate, Health Care Board and Chemicals Notification Centre are unified in the joint Health Board[8] in 2010.
In the field of occupational health the Health Board's role is to:
Participate in the preparation of occupational health programmes and organize their implementation;
Analyze information concerning occupational illnesses and illness related to the work of *Organize refresher courses for occupational health specialists;
Register occupational health service providers.
National enforcement of the Occupational Health and Safety Act[1] and the requirements prescribed in legislation based on this act is carried out by the Labour Inspectorate[9].
At national level, state and administrative supervision is organised by the Director-General of the Labour Inspectorate on the basis of the statute of the Inspectorate, the statutes of the structural units and the job description. On behalf of the Labour Inspectorate, supervision is carried out by labour inspectors.
The purpose of supervision of the Labour Inspectorate is to contribute, through inspection and informing the employer, to ensuring a safe and healthy working environment and to the existence of employment relationships that comply with the requirements of legislation, in order to direct the employer's activities towards the creation of fair, safe and healthy working conditions.
The Labour Inspectorate[9] is a government agency operating under the jurisdiction of the Ministry of Social Affairs, and its main functions are to:
Arrange for the exercise of state supervision in the working environment with respect to compliance with the requirements of legislation regulating occupational health and safety and labour relations and to apply enforcement by the state on the bases and to the extent prescribed by law;
Exercise supervision over investigations into occupational accidents and diseases and over the implementation of measures for the prevention of occupational accidents and diseases;
Investigate occupational accidents (excluding the accidents that is subject to criminal investigation) and if there is a need, then conduct an analysis of the causes of serious occupational accidents and diseases and analyze their causes
Collect statistics of accidents at work and conduct analysis thereof;
Exercise supervision over the use of genetically modified micro-organisms in closed environments to the extent prescribed by law;
Carry out administrative proceedings; approve administrative acts and rules;
Carry out extrajudicial proceeding of misdemeanours to the extent prescribed by law;
Carry out and resolve petitions from individuals on working environment issues;
Resolve individual labour disputes pursuant to the procedures prescribed by law.
OSH services
Internal OSH services According to the Occupational Health and Safety Act[1], every company must have a person who functions in the capacity of working environment specialist. A working environment specialist is an employee with working environment related knowledge and skills whom the employer has authorised to perform occupational health and safety responsibilities in the enterprise . A working environment specialist must be familiar with the legislation governing occupational health and safety and with the working conditions in the enterprise, monitor and inspect them and take measures to reduce the effect of working environment hazards. In the absence of a competent person, the employee is required to hire a working environment specialist from outside the enterprise. A working environment specialist co-operates with workers and working environment representatives, the working environment council, workers’ representatives and occupational health care providers. The employer must notify the local office of the Labour Inspectorate[9] within ten days of this appointment.
A work environment representative is a person elected by employees of the enterprise. A work environment representative represents the employees` views in negotiations with the employer on occupational safety and health issues. A work environment representative needs to be elected in enterprises with 10 or more employees. In an enterprise in which more than ten workers work on a shift at the same time or which comprises of several structural units, then workers shall elect one working environment representative for every structural unit or each shift. The obligations of a working environment representative are to:
monitor that occupational health and safety measures are implemented at the workplace and that the employees are provided with personal protective equipment which is in working order;
participate in the investigation of an occupational accident or disease in their area of work;
notify the employees and the employer or the employer’s representative promptly of a dangerous situation or deficiencies discovered in the working environment, and demand that the employer eliminate the deficiencies within the shortest period of time possible;
be familiar with the instructions and legislation mandatory for employees;
monitor that the employees receive necessary knowledge, instruction and training in the field of occupational health and safety;
monitor that the employer has organised provision of the occupational health service.
An enterprise with 150 or more employees must arrange a work environment council. However, according to the Occupational Health and Safety Act [1] the Labour Inspectorate [10] has the right to demand that a working environment council be set up in an enterprise with less than one hundred and fifty workers depending on the risk factors present and the number of occupational accidents and cases of occupational disease within the enterprise. Employer and employee representatives are members of the council in equal parts. This is an internal association where occupational health and safety related issues are resolved.
A working environment council:
regularly analyses the working conditions in the enterprise, documents developing problems, makes proposals to the employer for the resolution thereof and monitors the implementation of adopted resolutions;
participates in the preparation of an occupational health and safety development plan of the enterprise, and in the preparation of plans for the reconstruction or repair of the enterprise and for technological innovations in the enterprise, and of other plans;
examines the results of internal control of the working environment in the enterprise and, where necessary, makes proposals for the elimination of deficiencies;
analyses occupational accidents, occupational diseases and other work-related illnesses, and monitors the implementation of measures for the prevention thereof by the employer;
assists in the creation of suitable working conditions and work organisation for employees, including employees specified in §§ 10 and 101 of this Act
The working environment council communicates its proposals to the employer in writing. If the employer does not consider it possible to undertake these proposals into effect, the employer shall respond to the council in writing within three weeks after receipt of the proposals, providing reasons for these decisions.
In addition to the occupational health service - an occupational health doctor, occupational health nurse, occupational hygienist, occupational psychologist, occupational physiotherapist and ergonomist (hereinafter occupational health specialist) may provide the following occupational health services:
conduct of a risk assessment of the working environment, including the measurement of the parameters of hazards;
provision of advice to an employer on the adaptation of work to the abilities and state of health of an employee;
provision of advice to an employer on selection and use of work equipment and personal protective equipment, and on improvement of working conditions;
organisation of medical rehabilitation for employees;
psychological counselling of an employer and an employee.
A person providing an occupational health service must be a competent measurer for the purposes of the Measuring Act if the occupational health service provided includes the measurement of the parameters of working environment hazards for which a requirement for a competent measurer is provided by legislation.
Upon the provision of occupational health services, a natural person who holds a diploma certifying their professional competence as an occupational health specialist or who holds a certificate of specialisation or refresher training must work under a contract for a person providing occupational health services.
In Estonia, occupational health services are organised on a free market basis.. In addition, private occupational health clinics also offer their services to enterprises. The Government does not subside the costs of the service in any way.
The employer’s obligation to organise medical examinations of employees is stated in the Occupational Health and Safety Act [1]:
A medical examination is to be organized for an employee whose health may be affected, as a result of assessment of risks in the working environment, by the following working environment hazards or nature of work:
noise;
vibration;
electromagnetic fields;
artificial optical radiation;
ionising radiation;
dangerous chemicals and materials containing such chemicals, including carcinogens and mutagens;
biological hazards;
work with display screen equipment;
manual handling of loads;
work involving repetitive movements or work in a constant forced position, including in a sitting or standing position;
other hazard or nature of work.
Regardless of the risk assessment results a medical examination is to be organised for a night worker and an employee who is exposed to lead and its compounds and asbestos dust.
The employer must organise the medical examination of an employee within four months as of the time the employee commences work. If within the past six months the employee has had a medical examination as to the same working environment hazards and the same nature of work while working for another employer, the employer may organise a medical examination at the time stated in the medical examination decision produced by the employee.
Employer must organise the medical examination of an employee before the employee becomes exposed to biological hazards, carcinogens, mutagens, lead and its compounds and asbestos dust, and the medical examination of a night worker before commencement of night work.
In addition to the time specified above, the employer must organise the medical examination of an employee at the interval set by an occupational health doctor but at least once every three years and, in case of an employee who is a minor, at least once a year.
The employer must cover the costs related to provision of the occupational health service. A medical examination of employees must be carried out during working time and the employee must be paid average working day wage during such time.
The employer is to apply the occupational health doctor’s proposals for improving the working environment and working conditions and promoting the health of employees, unless this brings about disproportionately high costs for the employer. Where necessary, the employer is to add the proposals to the risk assessment action plan.
The occupational health service is provided by an occupational health doctor, involving other specialists, where necessary.
In the provision of the occupational health service, the occupational health doctor:
reviews the risk assessment of the working environment and, where necessary, visits the working environment;
analyses the company’s occupational health situation as a whole. The analysis of the company’s occupational health situation is organised by the employer on a regular basis as needed but no less than once every three years;
carries out a medical examination of employees on the basis of the risk assessment of the working environment;
makes proposals to the employer for improving the working conditions and promoting the health of employees;
consults the employer in issues of adapting the working environment and working conditions and promoting the health of employees;
consults an employee in issues of health promotion.
External service for technical control External service for technical control (Tarbijakaitse ja Tehnilise Järelevalve Amet)[11]. The Consumer Protection and Technical Regulatory Authority was created on 1 January 2019 by joining the Consumer Protection Authority and the Technical Regulatory Authority to strengthen market and safety regulation and make the consumer environment safer.
Their main activities are safety regulation, market regulation and compliance with legal obligations in the following areas:
electronic communications, spectrum management and media services;
rail transport and implementation of EU structural instruments;
the safety of specific work, equipment and products;
buildings, infrastructure and energy efficiency;
consumer rights.
Compensation and insurance bodies
The applicable basis for occupational disease is defined as a health disorder caused by a risk factor in the work environment mentioned in the list of occupational diseases and enforced through the Occupational Health and Safety Act[1]. The list of the diseases recognized as occupational diseases is maintained by the Ministry of Social Affairs.
In a case of sickness (which is not related to work) a worker does not receive any compensation from the 1st to 3rd day. Sickness benefit is paid to the insured person starting from the 4th day of illness. From the 4th to 8th day of the insured person’s illness, the sickness benefit shall be paid by the employer and it amounts to 70% of the employee’s average wages. Starting from the 9th day of illness, the sickness benefit (70% of the employee's average wages) is paid by the Health Insurance Fund[10].
The employer is not required to pay the benefit if the reason for absence leave is: occupational disease, accident at work, accident at work in traffic, complication/illness caused by accident at work, injury received while preventing a criminal offence, protecting national or public interests. illness or injury during pregnancy, nursing a child under the age of 12 or a disabled insured person under the age of 19, nursing a sick family member who is ill at home, caring for a child of under 3 years of age or for a disabled child of under 16 years of age when the child’s mother is ill or is receiving obstetrical care, maternity leave, adoptive parents leave for a child under 10 years of age, organ or haematopoietic stem cell donation.
In case of occupational diseases, occupational injury, complication/illness as a result of an occupational injury, occupational injury in traffic The Health Insurance Fund pays the benefit from day 2, the benefit rate is 100% and it can paid up to 182 days.
Other OSH bodies
Prevention institutes
In Estonia, there are no prevention institutes as unlike the situation in some European countries. However, preventive activities are included and implemented, in the work of the Ministry of Economic Affairs and Communications and the Labour Inspectorate most commonly through awareness raising campaigns.
Professional associations
Estonian Society of Occupational Health Physicians (Eesti töötervishoiuarstide selts)[12] The Society was established in the 1990s. Its main activities are to provide additional training to occupational health physicians on current OSH topics, and to arrange workshops and seminars with other specialists, such as family doctors. In addition, the Society works with the Ministry of Social Affairs and the Labour Inspectorate on renewing OSH legislation, and it certifies the Estonian Occupational Health Physicians (the 5 year specialist training is provided by Tartu University and Tallinn Technical University). [8]
Previously there was a professional association for occupational health nurses in Estonia (Estonian Society of Occupational Health Nurses) but that association ceased its activities some years ago. The current status of occupational health nurses in Estonia is unclear, as nowadays, mainly it is general nurses who work in the occupational health services.[13]
Education and training and awareness raising
Legally required training for OSH specialists
An employer must organise training for a working environment representative and a member of the working environment council necessary for the performance of their duties within two months as of their election. Refresher training course has to be organized if there are new hazards or health risks present in the working environment, there have been significant changes in legislation governing occupational health and safety, or the working environment representative, the member of the working environment council, the employer or the Labour Inspectorate deems it necessary.
Training and refresher training must be carried out by a manager of a continuing education institution according to the requirements of the Adult Education Act. If the need for refresher training arises from new hazards or health risks present in the working environment, the refresher training may be carried out by the employer if the employer has the necessary knowledge and skills.
Employer must arrange for the training and refresher training at the employer’s expense and during working hours. During training and refresher training the working environment representative and the member of the working environment council must be paid their average working day wage.
Other vocational training
There are more than 50 vocational training schools in Estonia. Training in work environment issues, including safety training, are part of the vocational training curriculum and typically arranged before practical work life training periods.
Awareness raising networks
The Estonian Occupational Health and Safety Network (OHNS)[14] was established in 2001 by several key governmental and non-governmental agencies with the assistance of the EST-FIN Twinning Project[15] and it operated in the years 2001-2004. The 14 members of the Network were representatives of organisations in the field of Estonian occupational safety and health. Five sub-networks were also active: networks of agricultural institutions, education and training institutions, the network of Tartu County and occupational health services and international organisations. The Network ceased operations in 2004 due to the end of the EST-FIN Twinnig Project[15] and lack of interest by the parties.
The necessity for restarting the activities of the Network in spring 2012 (the Network was re-established in March) grew from the current situation in the field of Estonian occupational health and safety:
The importance of occupational health and safety is not sufficiently acknowledged;
Inadequate cooperation and poor exchange of information between the institutions active in the field of occupational health and safety;
The knowledge, experience and economic resources of organizations and specialists could be used more efficiently through better planning and cooperation;
The specialists of the field do not meet each other often enough in order to ensure *Work is duplicated at times and misunderstandings and misconceptions arise, caused by lack of knowledge and insufficient exchange of information between the institutions in the field;
Specialists and organizations are insufficiently involved in discussions for important changes in the field of occupational health and safety;
Participants in the field lack a common sense of direction;
Inconsistency is particularly apparent when larger issues are tackled.
The objective of the Network is to develop the field of occupational health and safety by offering a framework that facilitates a more efficient use of the information, experience and knowledge related to occupational health and safety between the members of the Network. Members consist of organisations, such as universities, government institutes, private health care providers with activities in the occupational health and safety field. Other organisations interested in becoming members need to apply and be approved by the current members of the Network. The Network establishment is coordinated by the Ministry of Social Affairs, but its aim is in the coming year be a "self governed" network.[14], [16]
In addition to the above primary objective, the Network also has certain additional objectives, such as:
Disclosure and accessibility of information related to occupational safety and health;
Spreading good practice;
Promoting cooperation between the members of the Network;
Coordinating activities in the field and increasing transparency;
Helping specialists gather in societies and associations.
Specialized technical, medical and scientific institutions
Research institutes
The National Institute for Health Development (Tervise Arengu Instituut; NIHD)[17] was established in 2003 as a governmental organization under the Ministry of Social Affairs of Estonia[7]. The mission of NIHD is to promote the health of the Estonian population and enhance the quality of life through knowledge-based development and applied research activities. The main activities of the NIHD are research, development and implementation of activities in the health and social sectors.
Tartu University (Tartu Ülikool)[18] has the following functions relating to occupational safety and health:
Coordination of the occupational health (OH) teaching programme in the Faculty of Medicine (specialist training for physicians);
Organisation of OHS and surveillance of the working environment in the university and connected units (Biomedicum, Clinicum, ect.);
Leading of OH curricula development in the Department of Public Health;
Organisation and participation in the training courses of OH for other institutions and specialist groups;
Advisory role of OH expertise and programme development in the Ministry of Social Affairs[7].
Tallinn University of Technology (Tallinna Tehn ikaülikool)[19] undertakes basic research and development activity including among others basic research in order to endow the Estonian working environment with high level of safety, quality and productivity.
Standardization agencies
Estonian Centre for Standardisation and Accreditation (EVS)[20]is a non-profit association, which was established by three founding members (Republic of Estonia, Chamber of Commerce and Industry, Confederation of Employers and Industry) in 1999. The Estonian Centre for Standardization operates as the Estonian standard organization pursuant to the Technical Regulations and Standards Act. EVS has accepted the WTO Code of Good Practice for the Preparation, Adoption and Application of Standards for the removal of technical barriers to trade.
Institutions and organizations
Table 1: Key OSH actors in Estonia
Key social partners in the Estonian OSH field
The Estonian Trade Union Confederation (Eesti Ametiuhingute Keskliit, EAKL)
[1] The Occupational Health and Safety (OSH) Act, Passed 16 June 1999 (RT I 1999, 60, 616), entered into force 26 July 1999. Available at: http://osh.sm.ee/legislation/ohs_act.pdf
[2] EU-OSHA – European Agency for Safety and Health at Work (30.5.2012). The regulations based on the Occupational Health and Safety Act (Focal Point Estonia). Retrieved on 30 May 2012, from: http://osh.sm.ee/legislation/regulations-ohs.stm
[6] NDPHS Expert Group on Social Inclusion, Healthy Lifestyles and Work Ability (SIHLWA),NDPHS Thematic Reports, Country Reports on Occupational Safety and Health in the Northern Dimension Area, NDPHS Series 1/2008. Available at: http://www.ndphs.org/?database,view,paper,22
[7] The Ministry of Social Affairs (Sotsiaalministerium; no publishing date). Home page Retrieved 29 May 2012, from: http://www.sm.ee/eng.html
[10] The Estonian Health Insurance Fund (Eesti haigekassa; no publishing date). Home page. Retrieved on 29 May 2012, from: http://www.haigekassa.ee/eng
[11] The Estonian Technical Surveillance Authority (Tehnilise Järelevalve Amet; no publishing date). Home page. Retrieved on 29 May 2012, from: http://www.tja.ee/en
[12] The Occupational Health Physicians Society (no publishing date). Home page. Retrieved on 29 May 2012 from: http://web.zone.ee/ettas/
[13] Email correspondence on the Estonian Occupational Health Nurse (OHN) Association with Marju Medico on 11 June 2012.
[16] Information provided on the Estonian Occupational Health and Safety Network by Ms. Liisa Pert (Ministry of Social Affairs, Estonia) on 14 June 2012 (personal communication).
[17] National Institute for Health Development (Tervise Arengu Instituut; no publishing date). Home page. Retrieved on 29 May 2012, from: http://www.tai.ee/?lang=en
[18] Tartu University (no publishing date). Home page. Retrieved on 29 May 2012, from: http://www.ut.ee/en
[19] Tallinn University of Technology (Tallinna Tehnikaülikool; no publishing date). Home page. Retrieved on 29 May 2012, from: http://www.ttu.ee
Health, Labour and Social Life in Estonia 2000-2008, Tallinn, Ministry of Social Affairs of Estonia, 2009. Available at: [89]
Kwantes, J.H., von Richthofen, W., Järve, J, Meeuwsen, J.M., Legal analysis for amendment of the Occupational Health and Safety Act in Estonia - Final report, TNO, 31 November 2011. Available at: [90]
