Government Regulation No. 136 / 2016 Coll.
Government Regulation amending Government Decree No. 591 / 2006 Coll., on Closer Minimum Requirements for Safety and Health at Work at Construction Stations, and Government Decree No. 592 / 2006 Coll., on Conditions of Accreditation and Performing of the Proficiency Tests
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Regulation
Effective from 01.05.2016
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01.05.2016
29.04.2016
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136
GOVERNMENT REGULATION
of 27 April 2016
amending Government Regulation No 591 / 2006 Coll., on closer minimum requirements for safety and health at work at construction sites, and Government Regulation No 592 / 2006 Coll., on conditions for accreditation and performance of proficiency tests
The Government hereby orders, pursuant to § 21 (a), to implement § 3 (3), § 15, § 18 (1) (c), § 18 (2) (b) and § 21 (b) of Act No. 309 / 2006 Coll., which regulates other requirements of safety and health at work in employment relations and on ensuring health and safety in the activity or provision of services outside employment relations (Act on other conditions of safety and health at work), as amended by Act No. 88 / 2016 Coll.:
Amendment of the Government Regulation on closer minimum requirements for safety and health at work at construction sites
Government Decree No. 591 / 2006 Coll., on Closer Minimum Requirements for Safety and Health at Work at Construction Areas, is amended as follows:
1. In Article 1 (1), the words "European Community1) 'are replaced by the words" European Union1)';
Footnote 1:
"(1) Council Directive 92 / 57 / EEC of 24 June 1992 on minimum health and safety requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of Article 16 (1) of Directive 89 / 391 / EEC).";
2. In Article 1, the dot is replaced by a comma at the end of paragraph 1 and the following point (e) is added:
"(e) closer requirements on the content and scope of the safety and health plan at work at the construction site (hereinafter referred to as the plan).";
3. In Paragraph 2 (1), the words "health and safety at work at the construction site (hereinafter referred to as the plan) 'are deleted.
4. At the end of Paragraph 6, the sentence "Closer requirements for the content and scope of the plan are set out in Annex 6 to this Regulation."
5. In Article 7 (c), the words "ensure that the plan contains," shall be replaced by the words "processes the plan in such a way as to contain," and after the words "safe and healthy work," the words "a clear schematic representation of the time duration, sequence or confluence and the substantive links of the individual measures to ensure safety and health at work at the construction site," shall be inserted and shall be agreed and signed. "
6. In Article 7 (d), the words "ensure the processing of requirements' are replaced by the words" implement requirements in the plan ';
7. in Article 8 (1) (a):
"(a) coordinate the adoption of measures to ensure safety and health at work by individual contractors or persons authorised by them, taking into account the nature of the construction and the general principles of risk prevention and activity carried out at the site at the same time and, where appropriate, in order to protect the health of natural persons, prevent accidents at work and prevent occupational diseases,";
8. in § 8 (1) (d):
"(d) monitor the implementation of work at the construction site and verify compliance with the requirements for safety and health at work with a view to ensuring the safe execution of work at the construction site, and draw attention to the deficiencies specifically identified and to require correction without undue delay;"
9. In Article 8, at the end of paragraph 1, the dot is replaced by a comma and the following point (h) is added:
"(h) in cooperation with all contractors at the construction site, update and adapt the plan prepared for the preparation of the construction work in the construction site and have the plan approved and signed by all contractors, if they were not known at the time of the construction."
10. In Annex 3, Part I, point 12, the word "preparations' is replaced by" mixtures'.
11. footnote 23 reads:
"(23) Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 / 548 / EEC and 1999 / 45 / EC and amending Regulation (EC) No 1907 / 2006, as amended."
12. In Annex 3, Part V., point 4, the word "ditches' is replaced by the word" ditches'.
13. In Annex No 3, Part XVIII, point 2, the word "in writing 'shall be inserted after the word" in advance'.
14. In Annex No 3, Part XVIII, point 2, the words "under another legislation 38 'shall be inserted after the words" natural person'.
Footnote 38 reads:
"38) Act No. 179 / 2006 Coll., on the verification and recognition of the results of continuing education and on the amendment of certain laws (Act on the Recognition of the Results of Continuing Education), as amended."
15. in Annex No 3, Part XVIII. point 3:
'3. Depending on the complexity and nature of the work carried out, the lead diver shall determine the specific procedure and method of carrying out the work, based on a survey of the state of the workplace, climatic conditions, depth, flow, temperature and composition of water. The procedure and manner of carrying out such work shall also take into account the possibilities of safe entry and exit from water during rescue and disposal operations. ';
16. in Annex No 3, Part XVIII, point 4 (b), including footnote 39,
"(b) establishing and ensuring a way of communicating and connecting with a diver while staying below the surface by technical means, in particular a diving cable telephone with a minimum rope strength set by standard value in the relevant Czech technical standard (39), or other voice equipment so that the diver's orientation or connection to the workplace above the surface cannot be lost; in the case of the descent of two or more divers to one workplace below the surface without communication with the workplace above the surface, a safe way of communicating them below the surface shall be ensured. In the event of the loss of underwater communication between divers, efforts to re-establish the communication shall be limited to a maximum of 30 seconds, and thereafter divers shall be required to emerge in the prescribed manner, taking into account any decompression procedures,
39) For example, ČSN EN 15333-1 - Breathing appliances - Open-circuit diving apparatus with an open-circuit pressure hose - Part 1: Pulmonary automation and ČSN EN 15333-2 - Breathing apparatus - Open-circuit diving apparatus with an inlet hose - Part 2: Free flow instruments. '
17. in Annex 3, Part XVIII, point 4 (d), the word "decompression" is replaced by "quantity and method of supply of breathing gases, decompression procedures."
18. in Annex 3, Part XVIII, point 4 (e), the words "breathing media" are replaced by the words "breathing gases."
19. In Annex 3, Part XVIII, point 4 (g), "3000 N 'is replaced by" 3500 N'.
20. in Annex No 3, Part XVIII, point 4 (h):
"(h) permanent provision of a diver, which descends under the surface itself, by a diver's cable telephone with a minimum rope strength determined by the standard value in the relevant Czech technical standard (39), or by another voice device and rope with a minimum rope strength determined by the standard value in the relevant Czech technical norm (39), and by setting signals for the communication of signals between the diver and the helper trained in particular for handling hose bundles, diver cable and rope,"
21. in Annex No 3, Part XVIII, point 4 (k):
"(k) for work at depths of more than 13 m and for descent, which are associated with more than one decompression stop, providing the workplace with a multi-position decompression chamber in standby condition, the operation of which is trained for its use, located as close as possible to the point of descent, taking into account technical feasibility; for such work and work with a high physical effort of divers it is necessary to ensure the supply of breathing gases by a hose system from a place above the surface, except for exploratory activities, '.
22. In point 4 (n) of Part XVIII of Annex 3, the words "loading of loads on lifting equipment 'shall be inserted after the words" oxygen'.
23. the word "cable" shall be inserted after the word "diving" in Annex 3, Part XVIII, point 4 (o).
24. In Annex No 3, Part XVIII, at the end of point 4, the dot is replaced by a comma and the following point (q) is added:
"(q) for diving work at depths greater than 40 m, ensure appropriate composition of breathing gases with regard to the type of work and decompression procedure; for diving work at depths greater than 50 m, do not use air as a breathing gas and ensure appropriate composition of breathing gases in accordance with decompression procedures for the use of artificial breathing gases. ';
25. In Annex 4, point 2:
'2. Name, identification number of the person, if assigned, seat / address of the place of residence of the building contractor (builder). '
26. In Annex No 4, points 5 to 7 read:
"5. Name, identification number of the person, if assigned, place of residence of the contractor and natural person providing professional management of the construction and, where applicable, persons carrying out technical supervision of the builder.
6. Name, identification number of the person, if assigned, and address / address of the place of residence, number of the valid coordinator's certificate in preparation of the construction.
7. The name, identification number of the person, if assigned, and the registered office / address of the place of residence, number of the valid certificate of the coordinator in the implementation of the construction. '
27. Point 2 of Annex 5 reads as follows:
'2. Works related to the use of hazardous chemicals and mixtures classified under a directly applicable European Union Regulation as acute toxic category 1 and 2 or when biological agents occur under specific legislation. '
28. The following Annex 6 is added, including footnotes 40 and 41:
"Annex No 6 to Government Decree No 591 / 2006 Coll.
Safety and health plan at work at the site
I. Scope of the plan
1. The plan shall include:
(a) identification of the construction site, the building contractor, the project documentation processor and the coordinator;
(b) a situation drawing of the construction,
(c) the content referred to in Part II (C) of this Annex.
2. The content of the different parts of the plan must be adapted to the type and size of the construction, the technical design of the construction, the purpose of the use and the duration of the construction, in accordance with Section 15 of the Act on other conditions of safety and health at work; the plan shall be processed in details enabling the coordinator to use the plan as the main tool for coordinating the measures to ensure safety and health at work at the construction site in accordance with his obligations laid down by the law on ensuring further conditions of safety and health at work.
3. The plan shall contain the procedures proposed for each work and work activity relating to the construction for which the plan is being developed and shall include specific requirements for safe and healthy operations not jeopardising the implementation of all those procedures and work activities.
II. Content of the plan
A. Identifying information on the construction, the building contractor, the project documentation processor and the coordinator
1. construction data
(a) basic information on the type of construction;
(b) the name of the building;
(c) the place of construction;
(d) the nature of the construction (in particular whether the construction is new, it is a modification of the completed construction or removal of the construction);
(e) the purpose of the use of the construction;
(f) basic construction assumptions (time data on implementation of the construction, breakdown into stages),
(g) external links of the building to the surrounding area, including its impact on the surrounding area.
2. the justification for the preparation of the plan, indicating the reference to the relevant legislation and the inventory of the documents used for the preparation of the plan.
3. details of the project documentation processor
(a) the name, identification number of the person, if any, and the registered office / address of the place of residence;
b) the name of the main designer including the number under which he is entered in the register of authorized persons maintained by the Czech Chamber of Architects or by the Czech Chamber of Authorised Engineers and Technicians active in the construction, with a marked field or specialization of his authorization.
B. Situation drawing of the construction
The situation drawing of the broader relations of the building contains the requirements laid down in the specific legislation40).
C. Requirements for the content of the plan
To meet the requirements for the content of the plan, it shall state:
1. basic information on the decisions relating to the construction and the conditions laid down in the decisions and project documentation for its implementation in terms of safety and health at work at the construction site and a list of the documents relating to the construction under which the construction was authorised, including the designation of the relevant building office or authorised inspector; and
2. the procedures at the construction site dealing with and specifying the individual measures resulting from the legislation in force, taking into account local conditions in relation to the expected time of work in the implementation of the construction, are:
(a) securing fencing, fencing, entrances and entrances to the construction site, storage and handling facilities;
(b) providing lighting for construction sites and workplaces;
(c) the establishment of protection and control zones and measures against their damage,
(d) addressing measures at risk of explosion or fire;
(e) ensuring communication at the construction site, including overtaking of electricity lines and other media (gas, steam, water etc.), interim wiring after construction site, water pumping, night lighting,
(f) an assessment of the external effects on construction, in particular traffic shocks, flood hazards, landslides, and the specification of emergency measures;
(g) measures relating to the location and solution of construction site facilities, including a situation drawing of wider construction site relationships, solutions for vertical and horizontal transport of persons and material;
(h) procedures for land-based work to ensure the implementation of excavations, in particular the risk of flooding of persons, taking into account the types of arms, the width of the excavation, the slope, the technology for the storage of nets into excavation, the security of surrounding structures, the reduction and removal of surface and groundwater;
(i) the way in which the barrier-free solution is ensured on public roads and public areas, in particular with regard to the way in which it is ensured against falling into the excavation of persons with visual disabilities;
(j) procedures for concrete works dealing with the mode of transport of the concrete mixture, securing all natural persons present at the construction site against the fall into the mixture, movement after reinforcement, access to sites of concrete, anticipated implementation of formwork,
(k) procedures for masonry work dealing with basic wall technologies from within the building, in particular protective railing from the outside, from the perimeter scaffolding, provision of openings in vertical masonry, transport of material for masonry, securing below the work site at and around the height,
(l) procedures for assembly work addressing security measures in individual assembly operations and related measures to ensure auxiliary construction structures, access to the site of assembly, the way in which openings arising from the assembly process are secured, the transport of construction components and their fastening and stabilisation;
(m) procedures for demolition and reconstruction operations addressing basic cutting technologies, in particular manual, machine, combined, and using explosives, the provision of cutting workplaces, the capture of demolished structures, the removal of debris, the provision of all natural persons present at the construction site at a height, the security of engineering networks, their replacement lines, the security of surrounding objects and premises,
n) solution for the installation of ceilings, including auxiliary structures, measures to ensure safe and healthy work at a height along the perimeter and at the point of installation, transport of material, securing under work at a height,
(o) procedures for work at altitudes addressing the means of securing against fall on the open edge, against slipping, against collapse of roof structures, the transport of material, the specific means of securing work at height; when designing personal detention of persons to identify a system of arrest against a fall, including the identification of the means of anchoring to ensure persons against a fall by personal protective equipment, unless collective protection over personal protection is preferable;
(p) ensuring additional requirements for safety of work, in particular the transport of material, its storage at the workplace, the provision of workplaces in terms of work requirements at height, measures relating to auxiliary construction structures used for individual work, the use of machinery,
(q) procedures dealing with individual work and activities and laying down measures for the blending and co-operation of individual work, in particular the use of multiple cranes at a single construction site and work while simultaneously operating public transport means;
(r) ensuring the organisation and timing or consistency of works carried out in the implementation of the construction with the implementation of tunnelling and underground work for which the requirements for security measures are laid down in a separate legislation41);
s) ensuring safety measures in conjunction with work at a height and above free depth, during completion and auxiliary construction work, in particular during the installation of antennas and lightning ducts, window installation, rail installation, horizontal insulation of balconies, terraces and roofs, during the installation of lifts, air conditioning, in the manufacture of structures and facades and in the completion of work around the building, e.g. pavements, lighting, and maintenance work;
(t) procedures for specific measures resulting from the conditions for the implementation of construction and other works and activities in buildings in their operation, including a timetable for such work and activities;
(u) procedures for measures resulting from specific construction requirements, such as consultation with labour inspection authorities, construction offices, public health authorities and other bodies under specific legislation;
(v) procedures for measures resulting from specific requirements on the work and activities related in particular to the use of toxic chemicals, chemicals classified as toxic category 3 or toxic to specific target organs following a single or repeated exposure to category 1 under the directly applicable European Union regulation on classification, labelling and packaging of substances and mixtures (23), ionising radiation and explosives and with the presence of asbestos.
40) Decree No. 499 / 2006 Coll., on documentation of buildings, as amended.
41) Paragraph 16 (1) and (2) of Decree No. 55 / 1996 Coll., on requirements to ensure safety and health at work and safety of operation in the mining activity in the underground as amended. '
Amendment of the Government Regulation on conditions for accreditation and performance of proficiency tests
Government Regulation No. 592 / 2006 Coll., on conditions for accreditation and performance of proficiency tests, is amended as follows:
1. Paragraph 1, including footnote 1, reads as follows:
This Regulation implements the relevant provisions of the European Union1) and provides for:
(a) requirements for the granting, suspension, modification or revocation of accreditation for the conduct of proficiency tests and periodic examinations (hereinafter referred to as "accreditation") by the natural or legal persons involved;
(b) test circuits of theoretical knowledge and practical skills for a proficiency test and periodic examination;
(c) the content and manner of carrying out the proficiency test and periodic examinations, their organisation, the course, the evaluation and the conditions for correcting those tests, as well as the particulars of the certificate of successful completion of those tests;
(d) the keeping of documentation and records by the holder of the accreditation of specified test dates, changes to them, professional proficiency tests and periodic tests carried out, including the sending of information on their outcome.
1) Council Directive 89 / 391 / EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. Council Directive 92 / 57 / EEC of 24 June 1992 on minimum health and safety requirements at temporary or mobile construction sites (eighth individual Directive within the meaning of Article 16 (1) of Directive 89 / 391 / EEC). ';
2.
(1) Theoretical knowledge and practical skills test circuits for proficiency tests and periodic examination for:
(a) the provision of risk prevention tasks under Article 9 of the Act is set out in Annex 1 to this Regulation;
(b) the activities of the safety and health coordinator at work at the construction site pursuant to Sections 14 and 18 of the Act are listed in Annex 2 to this Regulation.
(2) The content and method of verification of theoretical knowledge and practical skills in carrying out the proficiency test and periodic examination are set out in Annex 3 to this Regulation. "
3. In Paragraph 3 (1) of the Introductory Part of the provision in the second sentence, the word "condition 'is replaced by" requirement' and the words "for carrying out tasks in the assessment and prevention of occupational safety and health risks' are replaced by the words" or the activities of the safety and health coordinator at work at the construction site '.
4. in Article 3 (1) (a), the words "for written tests, oral tests and for written work" shall be inserted after the words "for which the proficiency test is to be carried out"; the words "in accordance with Annexes 1, 2 and 3 to this Regulation" shall be inserted.
5. In Paragraph 3 (1) (d), the words "completed at least by secondary education with a graduate examination 'are replaced by the words" a valid certificate of professional competence under the law'.
6. In Article 3 (2), the words "or the activities of the safety and health coordinator at work at the construction site 'shall be added at the end of the text in point (b).
7. In Paragraph 4 (1), "conditions' is replaced by" requirements'.
8. In Paragraph 4 (4), the word "conditions' is replaced by" requirements'.
9. In the first sentence of Paragraph 4 (2), the words "evidence of 'are replaced by the words" certificate of professional competence at the time'.
10. The following Section 5a is inserted after Section 5:
Paragraph 3 to 5 shall apply mutatis mutandis for accreditation for the conduct of periodic tests. ';
11. in Article 6 (1), the words "or § 10 (2) (a) and (b)" shall be added after the words "pursuant to § 10 (1) (a) and (b)" and at the end of paragraph 1, the sentence "Compliance with those assumptions shall be verified by the expert examination committee with regard to the subject matter of the test before the beginning of the test."
12. In Article 6, paragraphs 4 to 6 are added:
"(4) No later than 15 calendar days before the deadline for the examination, the tenderer shall send to the accreditation holder the written work to be carried out for assessment.
(5) The Accreditation Holder shall ensure that the written work is assessed in accordance with Section 7 (2) and at the latest 5 calendar days before the specified test date shall inform the applicant whether the written work has been recommended for defence.
(6) For the periodic test, Sections 6 and 7 shall apply mutatis mutandis; the candidate for the periodic examination must also comply with the conditions for completing the periodic examination provided for in Article 10 (3) of the Act, which shall be verified by the expert examination committee with regard to the subject matter of the examination before the beginning of the examination. ';
13. in the second sentence of Article 7 (1), the words "completed at least by secondary education with a graduate examination" shall be replaced by the words "a valid certificate of competence under the law and professional practice of at least 3 years in the field of activity for which competence is required."
14. in Paragraph 7 (2):
"(2) The test shall be non-public and shall consist of a written and oral part; the oral part consists of the defence of the tenderer's written work and examination of the drawn questions in accordance with Annex 3 to this Regulation. The defence may be accepted only if written work has been recommended for defence by a member of the expert examination committee appointed by the expert guarantor to assess it. '
15. in Paragraph 7 (3), the words "or else it will not be allowed to test" shall be added at the end of the first sentence.
16. in Article 7 (4), the words "both" shall be replaced by "all."
17. In Article 7, at the end of paragraph 5, the sentence "The Panel of Experts shall, in the statement of reasons for the written communication, briefly state the reasons for which it assessed the tenderer as having" failed '.'
18. in Paragraph 8 (1):
"(1) The certificate of proficiency shall be issued on the basis of successful completion of the proficiency test or periodic examination. ';
19. In Article 8, at the end of paragraph 2, the dot is replaced by a comma and the following point (g) is added:
"(g) the date of completion of the test."
20. in Article 9, the words "and periodic test" shall be added at the end of the text of point (b).
21. in Paragraph 9, at the end of point (c), the dot is replaced by a comma and the following point (d) is added:
"(d) send documents to the Ministry for keeping records of competent persons under Section 10a of the Act within 30 calendar days of the date of the examination."
22. In Annex 1, point (e) is replaced by the following:
"(f) skill in maintaining the list of contractual relationships concerning the performance of its activities as competent natural persons in carrying out risk prevention tasks.";
23. In Annex 2, point (e) is replaced by the following:
"(f) skill in maintaining the list of contractual relations concerning the performance of its activities as coordinator.";
24. The following Annex 3 is added:
"Annex No. 3 to Government Decree No. 592 / 2006 Coll.
GUIDELINES FOR PERIODIC AND PERIODIC TESTS
I. General provisions
A. Written test
1. Written verification of the candidate's knowledge of selected test circuits shall be carried out during the test and periodic testing by means of a written test. The examiner shall submit a written test to the tenderers with questions identified under Part II of this Annex.
2. The accreditation holder shall ensure the generation of a random written test for each candidate, drawn up for the proficiency test on 80 test questions and for the periodic examination on 40 test questions with the representation of the individual assessment criteria in accordance with Part II of this Annex.
3. The written tests shall aim at verifying the knowledge component of the selected test circuits described in Part II of this Annex.
4. Test questions will be closed, consisting of three options of possible answers, one of which is correct. All test questions are points equivalent.
5. For the successful evaluation of the written test, at least 80% of the success rate of the test questions in each heading in Part II of this Annex and at least 85% of the success rate in the written test as a whole shall be achieved.
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Regulation Information
| Citation | Government Regulation No. 136 / 2016 Coll., amending Government Regulation No. 591 / 2006 Coll., on closer minimum requirements for safety and health at work at construction sites, and Government Regulation No. 592 / 2006 Coll., on conditions for accreditation and performance of proficiency tests |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.04.2016 |
|---|---|
| Effective from | 01.05.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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