Occupational social security schemes (Chapter 2 of Directive 2006/54)

• Author: Anu Laas
• Pages: 52-55

52

6 Occupational social security schemes (Chapter 2 of Directiv e 2006/54)

6.1 General (legal) context

6.1.1 Surveys and reports on the practical difficulties linked to occupational and/or

statutory social security issues

Estonia has not m anaged to create a system for occupational accident insurance and

occupational disease insurance. The Occupational Health and Safety Act has been in force

since July 1999.149

The Ministry of Social Affairs has prepared a concept paper on occu pational accident

insurance. There are plans to establish a private occupational accident in surance fund.150

There is a concept paper on a mandatory insurance system for healthcare professionals.151

6.1.2 Other issues related to gender equality and social security

There are no other issues related to gender equality and social s ecurity.

6.1.3 Political and societal debate and pending legislative proposals

The most burning issues under public debate a re issues regarding the investigation and

registration of occupational accident and occupational diseases, unpaid sickness allowance

for the four first days, and low pensions.

In July 2018, the Ministry of Social Affairs proposed introducing a Government-regulated

private occupational insurance system. The costs would be covered by the employ er,

rather than by the Health Insurance Fund and Unemployment Insurance Fund.152

According to the proposal, the Government-regulat ed private occupational accident

insurance system would be compulsory, and employers would have to insure employees

against accidents at work. There was an active consultation period. Some consultees

expressed the view that there was a need to establish a legal entity under public law. The

Estonian Employers’ Confederation opposed occupational accident insurance due to high

costs for employers.153

There has been a debate about the need for an insurance system for specialists who have

caused (health) damage, although this has suggestion has not had any success; there is

an issue with health professionals bearing the full liability for medical e rrors.

149 The Occupational Health and Safety Act provides for the occupational health and safety requirements set

for work performed by employees and officials (hereinafter employee), the rights and obligations of an

employer and an employee in creating and ensuring a working environment which is safe for health, the

organisation of occupational health and safety in enterprises and at state level, the procedure for challenge

proceedings, and the liability for violation of the occupational health and safety requirements. There should

be a working environment specialist who is an engineer competent in the sphere of working environment,

or any other specialist who has received training concerning working environment and whom the employer

has authorised to perform occupational health and safety duties.

150

https://www.sm.ee/sites/default/files/content-editors/Uudised_pressiinfo/tooonnetuskindlustus.pdf.

151 Estonian Medical Association (2016), ‘Tervishoiuteenuse osutajate kohustusliku kutsekindlustuse süsteemi

loomine Eestis: Värskendatud kontseptsioon’. Available in Estonian at: https://arstideliit.ee/wp-

content/uploads/2016/02/SoM_vastutuskindlustus_värskendatud_kontseptsioon.pdf.

152 Ministry of Social Affairs (2018), ‘Tööõnnetuskindlustuse väljatöötamise kavatsus’ (Intention to develop an

occupational accident insurance system). Eelnõude infosüsteem.

153 Social dialogue available in Estonian at: https://adr.rik.ee/som/dokument/5869783.