Every employer - including a company with just one employee - must complete a risk assessment, arrange the provision of occupational health services (in practice via a contract with a service provider), and arrange health surveillance for employees within four months of them starting work. These duties apply from the first employee and the first working day. Failure to comply may result in the Labour Inspectorate imposing a fine: for a legal person up to 32,000 euros (TTOS § 27-1 - § 27-5 lg 2), for a natural person up to 300 fine units.
Why do these duties apply straight away?
TTOS (the Occupational Health and Safety Act) grants no transitional period to a new company. The Act applies from the moment a company has its first employee - whether that is a salaried worker, a board member receiving remuneration, or a sole trader employing an assistant.
The most common violations found by the Labour Inspectorate during workplace inspections are: a missing risk assessment, no signed occupational health service contract, and failure to inform employees about workplace hazards. All three are easy to avoid - once you know what to look for.
This article gives you a step-by-step guide: what to do in the first week, the first month and the first four months.
Timeline of duties: first week, first month, four months
Completing a risk assessment is mandatory immediately. A risk assessment means the employer identifies the hazards present in the working environment and evaluates their effect on employees' health (TTOS § 13 lg 1). The assessment need not be a lengthy document - in a small office, a few pages listing the workplace hazards, their severity and control measures is usually sufficient. You will find a sample risk assessment document on the TT24 documents page that you can adapt for your company.
An occupational health service contract must be signed. Every employer must arrange the provision of occupational health services (TTOS § 12). In practice this is done through a contract with an occupational health service provider. The service provider will help carry out the risk assessment, arrange health surveillance and advise on improving the working environment. Within the first month we also recommend informing employees in writing about workplace risks and the control measures in place - this too is a statutory obligation (TTOS § 12 lg 4).
The initial health surveillance must have taken place. The employer must arrange initial health surveillance within four months of the employee starting work (TTOS § 13¹ lg 6). Health surveillance is mandatory for employees exposed to health-damaging factors: noise, chemical agents, physical overload, prolonged work at a screen, and similar. Night workers and employees exposed to biological hazards, carcinogens, lead or asbestos dust must undergo health surveillance before starting work (or night work) or before exposure begins (TTOS § 13¹ lg 7).
Exception - before the first working day: If an employee will work night shifts or be exposed to biological hazards, carcinogens, mutagens, lead or asbestos dust, health surveillance must take place before starting work (or night work) - not within 4 months (TTOS § 13¹ lg 7). A minor employee does not need to undergo surveillance before starting work - health surveillance for a minor is arranged at least once a year (TTOS § 13¹ lg 8).
Minimum requirements even for a one-employee company
The law makes no exception for small companies. A one-employee company is in exactly the same position as a manufacturing business with 100 staff - the duties are the same, though their scope depends on the risks in the working environment.
In an office company where the only employee spends the day at a computer, the risk assessment is brief and the need for health surveillance is limited (though screen work is specifically listed as a factor in the legislation). In a construction company where the employee is exposed to noise, the requirements are considerably more extensive.
Three things apply to everyone, without exception:
First: a risk assessment must be prepared and updated whenever there is a significant change in the working environment (TTOS § 13-4 lg 4); the law sets no fixed periodic deadline.
Second: an occupational health service contract must be signed - even if no health surveillance takes place during the first year under that contract.
Third: employees must be informed in writing about workplace risks and control measures before work begins.
Indicative costs for a new company
The cost of occupational health services depends mainly on the number of employees and the risks in the working environment. What to expect in different situations:
Low-risk office: a base service package with health surveillance added as required. The price depends on the scope of service and how many employees need surveillance.
Mixed-type work: the scope of service and number of health surveillance appointments grows with the number of employees, so costs are higher.
Higher-risk working environment (noise, chemicals, physical work): prices are considerably higher and depend heavily on the specific measurements and assessments the environment requires.
Because prices vary between providers, it is worth requesting quotes from several. For an indicative figure, use the TT24 cost calculator - enter the number of employees and receive an immediate preliminary estimate.
Required documents
Complying with occupational health duties requires a set of documents to be in place. Creating and maintaining them is the employer's responsibility.
Risk assessment document - describes the workplace hazards, their assessment and control measures. The risk assessment must be retained for 55 years (TTOS § 13¹ lg 9; in the working environment database § 24¹ lg 4 p 5).
Occupational health service contract - a signed agreement with the service provider specifying which services will be provided and how frequently.
Health surveillance report and decision - the occupational health doctor prepares a document after each examination stating the employee's fitness for work. The employer is required to retain this.
Employee notification record - written confirmation that an employee has been informed about workplace risks. It is advisable to include this in the employment contract annexe or onboarding documentation.
On the TT24 documents page you will find sample documents for all of these - adapt them to your company's sector and activities.
How to choose an occupational health service provider
An occupational health service provider must hold a licence issued by the Health Board (Terviseamet). This is the first thing to check when starting a new company - ask a prospective partner for their licence or verify it in the Health Board register.
A good occupational health service provider will make an introductory visit to understand your working environment, rather than simply sending a standard contract for signature. A risk assessment produced without any real knowledge of the workplace is little more than a formality on paper.
For a new company, a typical starting point is a base package: risk assessment, annual advisory support and health surveillance arranged as needed. You can commission a broader scope later as the company grows.
It is worth requesting quotes from at least 2-3 providers. Differences can be significant even for comparable services. On the TT24 website you will find guidance on comparing quotes.
Common mistakes new companies make
Mistake 1: Putting off the risk assessment. Many new employers assume a risk assessment is a major project and push it into the future. In reality, completing a risk assessment for a small office is often quite quick - particularly when using a standard sample document.
Mistake 2: Arranging one-off health checks without an ongoing service arrangement. Some employers arrange a health check for an employee but do not sign a long-term contract. TTOS § 12 requires occupational health services to be arranged on a continuous basis - one-off checks do not satisfy this obligation.
Mistake 3: Health surveillance for the wrong employee. Health surveillance is carried out for employees whose work involves health-damaging factors as defined in the legislation. An office assistant who is not exposed to any such factor may not be required to undergo regular surveillance - ask your service provider for precise advice.
Mistake 4: Failing to inform employees. There is a statutory obligation to inform employees about workplace risks in writing. Many employers complete the risk assessment but forget to share it with employees and obtain their signature.
Mistake 5: Assuming the service provider handles all the paperwork. The occupational health service provider assists, but final responsibility rests with the employer. The Labour Inspectorate directs its requirements at the employer, not the service provider.
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Frequently asked questions
Is a risk assessment mandatory even for a company with just one employee?
Yes. A risk assessment is mandatory for all employers regardless of the number of employees (TTOS § 13 lg 1). Even in a single-member company where the owner is the only worker, a risk assessment must be completed before work begins. The scope of the assessment depends on the complexity of the working environment - for simple office work, 2-3 pages is often sufficient.
When must a new company arrange the initial health surveillance?
The initial health surveillance must be arranged within four months of the employee starting work (TTOS § 13¹ lg 6). Exceptions: night workers and employees exposed to biological hazards, carcinogens, lead or asbestos dust must undergo health surveillance before starting work (or night work) or before exposure begins (TTOS § 13¹ lg 7). For a minor, health surveillance is arranged at least once a year (TTOS § 13¹ lg 8). After the first examination, the occupational health doctor determines the timing of the next one, which must not exceed 3 years (TTOS § 13¹ lg 8).
Is an occupational health service contract mandatory?
Yes, every employer must arrange the provision of occupational health services (TTOS § 12). In practice this is done by signing a contract with an occupational health service provider. Failure to arrange occupational health services is one of the most common violations found by the Labour Inspectorate during workplace inspections. Arranging the service must come before health surveillance - the two do not substitute for each other.
How much does an occupational health service cost for a new small company?
The monthly cost of an occupational health service depends on the scope of service and the level of workplace risk, with health surveillance costs added on top. Because prices vary between providers, it is worth requesting quotes from several. For an indicative estimate, use the TT24 calculator.
What happens if occupational health requirements are not met?
The Labour Inspectorate may issue a compliance notice with a deadline and - on repeated non-compliance - a financial penalty. The maximum fine for a legal person is up to 32,000 euros (TTOS § 27-1 - § 27-5 lg 2); for a natural person (the employer or their representative) up to 300 fine units. In addition, the employer is liable for any damage to an employee's health caused by inadequate occupational health provision.
What does an occupational health service contract cover?
A standard contract covers preparation or review of the risk assessment, arrangement of health surveillance as required, employee counselling on health matters and, where necessary, assessment of work capacity limitations. The exact scope depends on your company's sector and working environment - a good service provider will tailor the contract accordingly. You will find a sample document on the TT24 documents page.
Next step: self-assessment
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Related topics
Sources: the State Gazette (Riigi Teataja), the Labour Inspectorate (ti.ee), Health Board (Terviseamet).