Risk analysis and OHS reviews now hinge on ten-employee threshold

The working-environment risk analysis is now a ten-employee duty.Tooelu An employer with at least ten employees prepares the analysis in the working-environment database or transmits it there in a form permitting written reproductionTooelu (TTOS § 13⁴(7)); headcount is the six-month average counted back from the day the duty arisesTooelu, under § 18(2) of the töötajate usaldusisiku seadus. Smaller employers — previously every employer with a single contractual employee filedTooelu — drop out of submissionTooelu, though the duties to prepare the analysis and to introduce it to employees stay with everyoneTooelu.

What is filed is also more visible. The analysis can be drawn up in the Tööinspektsioon self-service at iseteenindus.ti.ee, including with the assessment tools there, and a provider-compiled analysis can be uploaded the same way. Once uploaded, the analysis is visible to every employee of the company whose data sits in the employment register — previously only the company representative could see it — while editing or re-uploading stays with roles such as the employee marked as töökeskkonnaspetsialist in self-service or a board member. Inspectorate officials likewise see uploaded analyses whenever their duties require it, in supervision or consultation alike, replacing the old access regime where content opened only after supervision or a complaint began.

Submission exemptions are narrow and listed exhaustively: a private limited company whose sole shareholder is also its sole board member and employee; an employer with fewer than ten employees; and the Kaitsevägi including substitute service, the Politsei- ja Piirivalveamet, security institutions and rescue institutions where submission would conflict with the state-secrets and classified-foreign-information regime.Tooelu In each case only submission falls awayTooelu — preparation and employee introduction remainTooelu.

Health surveillance moves with the same threshold and a longer clock. The employer arranges the first health check within six months of the employee starting workTooelu, extended from fourTooelu, with the existing exception where a check with a previous employer for the same hazards and work type still stands. And the three-yearly occupational-health situation analysis — arranged at least once every three years — now binds only employers with at least ten employeesTooelu, counted the same six-month-average wayTooelu (TTOS § 13¹(12)).

Legal basis: töötervishoiu ja tööohutuse seaduse §§ 13¹ ja 13⁴ ning töötajate usaldusisiku seaduse § 18 lõige 2.