Decree No. 145 / 1982 Coll.
Decree of the Federal Ministry of Labour and Social Affairs amending and supplementing Federal Ministry of Labour and Social Affairs Decree No. 129 / 1979 Coll., on the employment and physical security of workers permanently unfit for work in underground mines, as amended by Decree No. 21 / 1982 Coll.
Valid
Effective from 01.01.1983
145
DECLARATION
Federal Ministry of Labour and Social Affairs
of 2 December 1982
amending and supplementing Federal Ministry of Labour and Social Affairs Decree No. 129 / 1979 Coll., on the employment and physical security of workers permanently unfit for work in underground mines, as amended by Decree No. 21 / 1982 Coll.
The Federal Ministry of Labour and Social Affairs, in agreement with the Federal Ministry of Fuel and Energy, the Federal Ministry of Steel and Heavy Engineering, the Federal Ministry of Finance, the State Planning Commission, the Ministry of Labour and Social Affairs of the Czech Socialist Republic and the Slovak Socialist Republic and other participating central authorities and the Central Council of Trade Unions, provide for the implementation of the Resolution of the Government of the Czechoslovak Socialist Republic of 7 October 1982 No 284, pursuant to Section 43 (1) (b) of Act No. 133 / 1970 Coll., on the jurisdiction of federal ministries, Section 275 (3) of the Labour Code and in accordance with Section 7 (2) of Act No. 177 / 1968 Coll., on the Loyalty Admission of Mining:
The Decree of the Federal Ministry of Labour and Social Affairs No. 129 / 1979 Coll., on the employment and physical security of workers permanently unfit for work in underground mines, as amended by Decree No. 21 / 1982 Coll., is amended as follows:
1. The title of the Order reads:
"Decree of the Federal Ministry of Labour and Social Affairs No. 129 / 1979 Coll., on the employment and physical security of miners permanently unfit for work."
2. Article 1 (1) reads as follows:
"(1) The decree applies to workers in mining underground mines who carry out the employment referred to in Part I of the Annex to Government Decree No. 74 / 1982 Coll., on certain adjustments to sickness insurance and pension insurance for mining workers, if they have become permanently unfit for work as a result of the work they have done, due to their health status, for:
(a) an occupational disease or a threat to that disease; or
(b) they have expired the exposure period; or
(c) a work accident (1); or
(d) other diseases arising from or significantly deteriorating from the work environment;
unless otherwise specified (Section 7 (6)). '
3. In Paragraph 1, the following paragraph 2 is inserted after paragraph 1:
"(2) The decree also applies to workers of surface coal mines who perform the jobs listed in Part II of the Annex to Government Decree No. 74 / 1982 Coll., if they have become permanently unfit for work as a result of this work due to their state of health
(a) an occupational disease or a threat to that disease; or
(b) a work accident (1); or
(c) other diseases arising from or significantly deteriorating from the work environment. "
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
4. In Article 2, the following paragraph 2 is inserted after paragraph 1:
"(2) The worker referred to in § 1 (2) of the organisation as a general rule
(a) converts to other appropriate work on quarries and shelters of surface coal mines; or
(b) transfer or release to another appropriate job outside the quarry or hiding place, including another organisation of the same production unit; or
(c) release to another organisation outside the production unit. "
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
5. in Paragraph 4 (1) (c), the sentence behind the semicolon reads: "This test is compared to the final apprenticeship test in the relevant department."
6.
"(1) Workers referred to in § 1 (1) and (2) who have been transferred to another work or have been released to another organisation (§ 2 (1) and (2) or who have been granted an invalidity pension shall be granted severance grants (§ 7 and 8), wage compensation (§ 9), benefits in terms of stabilising loans and housing allowances (§ 12), and the loyalty allowance of miners or their compensation (§ 13). The personnel referred to in Article 1 (1) shall also be granted a special contribution from miners (Sections 10, 11 and 11a) under the conditions set out below. ';
7. Paragraph 6 (2) is deleted.
8. Paragraph 6 (3) becomes paragraph 2 and the words "and 2 'are inserted after the words" paragraph 1'.
At the end of the paragraph, the footnote "5 'is added.
footnote 5 reads: "(5) The proceeds of the Federal Ministry of Fuel and Energy of 19 February 1980 No 1 / 80 on the provision of deputate coal and wood to workers who have become permanently unfit for work in underground coal and lignite mines (reg. 11 / 1980 Coll.)."
9.
"(1) The organisation shall grant severance payments to the workers referred to in paragraphs 1 (1) and (2) of Paragraph 1 of this Article to the extent specified below."
10. Article 7 (2), (3), (4) and (5) reads as follows:
"(2) A severance allowance of the average monthly earnings shall be granted to workers when they are transferred to another appropriate job in the underground mine or when they are transferred to other appropriate work on quarries and hide-off coal mines. Up to twice the average monthly earnings, severance payments may be granted in such cases, subject to the conditions laid down in the collective agreement, taking into account the new employee status, their health status and the needs of the production unit.
(3) A severance allowance of one-and-a-half times the average monthly earnings shall be granted to workers when transferring or releasing to other appropriate work outside the quarry or hiding place, including to another organisation of the same production unit. Up to three times the average monthly earnings, severance may be granted in such cases, subject to compliance with the conditions laid down in the collective agreement, taking into account the new employee status, their health status and the needs of the production unit.
(4) A severance allowance of twice the average monthly earnings shall be granted to deep-sea mine workers when transferred to other appropriate work on the mine surface and to surface coal mine workers when released to another organisation outside the production unit. Up to four times the average monthly earnings, severance may be granted in such cases, subject to compliance with the conditions laid down in the collective agreement, taking into account the new employee status, their health status and the needs of the production unit. Similarly, severance shall be granted to workers who become fully disabled at the time of work on surface coal mines.
(5) A severance allowance of three times the average monthly earnings shall be granted to deep-sea mine workers when released to another organisation of the same production unit or outside the production unit. Up to six times the average monthly earnings, severance payments may be granted in such cases, subject to compliance with the conditions laid down in the collective agreement, taking into account the new employee status, their health status and the needs of the production unit. Similarly, severance shall be granted to workers who become fully disabled at the time of their work in the underground mine. '
11. In Article 7, paragraphs 5 to 8 are renumbered paragraphs 6 to 9 and in paragraph 7, the words "paragraphs 2 to 4 'are replaced by" paragraphs 2 to 5'.
12. in Article 8 (1), the words "may be provided" shall be replaced by "shall be provided."
Paragraph 3 shall be deleted.
13. in the first sentence of Paragraph 9 (1), "Paragraph 1 (1)" is replaced by "Paragraph 1 (1) and (2)" and "(Paragraph 2 (1))" is replaced by "(Paragraph 2 (1) and (2)." In the second sentence, "(§ 7 (8)) 'is replaced by" (§ 7 (9)'.
14. in Paragraph 10 (1), the words "deep mines" shall be inserted after the words "workers."
15.
Stabilisation loans and housing contributions
The workers released to another organisation shall not be required by the releasing organisation to recover the housing contributions in accordance with the rules applicable after 31 December 1981.10b. Repayment of loans and allowances granted to residential buildings under the provisions in force before 1 January 198210c shall not be required if the worker is released to another organisation within the same production unit [§ 2 (1) (c) and § 2 (2) (b)] and if the outstanding period of the stabilisation commitment is to be fulfilled in the new organisation and the obligation is fulfilled.
footnotes 10b and 10c:
10b) Articles 12 (11) and 18 (4) of Decree No. 1 / 1982 Coll., on financial, credit and other assistance to cooperative and individual housing construction.
10c) Decree No. 191 / 1964 Coll., on financial, credit and other assistance to cooperative housing and construction of family houses. Decree No. 137 / 1968 Coll., on financial, credit and other assistance to cooperative and individual housing construction, as amended by Decree No. 14 / 1969 Coll., or Order No. 26 / 1969 Coll. Decree No. 160 / 1976 Coll., on financial and credit assistance for cooperative and individual housing construction, as amended by Decree No. 172 / 1980 Coll. '
16. in Article 13 (1), "§ 1 (1)" is replaced by "§ 1 (1) and (2) and" [§ 2 (1) (a) to (c)] "is replaced by" [§ 2 (1) (a) to (c) and (2) (a) and (b)]. "
17. in Paragraph 14, the words "and 2" shall be inserted after the words "paragraph 1";
18. The Annex to the Order, including the title, reads:
"LIST OF UNEMPLOYMENT
emerging or significantly deteriorating influence of the working environment in mining workplaces
1. Chronic Obstructive Pulmonary Disease
Framework guidance for evaluation: A significant deterioration is considered to be objectively demonstrable deterioration of spirometric functions to 75% of the appropriate value and below this threshold. The evaluation shall also take into account the worsening effects of excessive smoking.
2. Pressurised disease (primary essential hypertension)
Framework guidelines for evaluation: objectively demonstrable change in the stage of hypertension, development of complications.
3. Extensive venous towns (varixes) of lower limbs
Framework guidance for evaluation: Expansion of varixes to the entire lower limb, formation of atrophic changes, chronic skin ulcer in the varicose complex.
4. Painful vertebral syndromes (painful vertebrate syndromes)
Framework guidance for evaluation: Repeated occurrence for at least one year with shortening of the interval between attacks, showing objective marks.
5. Reumatic inflammatory diseases of joints and muscles (progressive polyarthritis, Spondylartritis ankylopoetica)
Framework guidelines for evaluation: Transition to a higher disability stage, identification of disease activity, working in a wet and cold working environment.
6. Deformation arthritis on large joints
Framework for evaluation: Significant anatomical changes and functional deterioration, continuously treated for at least one year, working in a wet and cold working environment.
7. Fungal diseases, psoriasis and chronic skin eczema
Framework guidance for evaluation: spread of the disease process to other areas of the skin, repeated occurrence even in continuous treatment for at least one year, which makes it impossible or significantly reduces the medical fitness to work in deep mining workplaces.
8. Impairment of vision or hearing
Framework guidance for evaluation: Post-disease status of deteriorating tendencies, loss of visual functions or hearing areas below those established by safety regulations.
9. Urinary disease of the stomach and duodenum
Framework guidelines for evaluation: Increased number of relapses, a clear reduction of rest intervals in the last two years, worsening nutrition (weight loss), the need for permanent diet.
10. Heart disease with ergonomically proven loss of heart function
Framework guidelines for evaluation: All heart disease (defects, inflammation, ischemic heart disease, cardiopathy) which results in shortness of breath or exercise shortness of breath or are associated with symptoms of pain (angina of all types).
11. Ischemic disease of the limbs shown objectively by arteriography or other method
Framework guidelines for evaluation: Claudation problems with deteriorating tendencies, working in wet and cold environments.
12. Chronic or Recurrent Urinary Disease
Framework guidelines for evaluation: All chronic kidney diseases, chronic or recurrent bladder disease, in particular inflammation and neoplasms with urinary disorders, deteriorating at work in a moist and cold environment.
13. Chronic inflammation of the centre (even unilateral) with repeated recessions
Framework guideline for evaluation: Repeated exacerbation in the last two years with pus discharge, working in workplaces with significant noise risk (defined by the health services).
14. Acute reactions of a psychotic nature with clinical manifestations occurring within three months of an accident at the workplace
Framework guidelines for evaluation: Anxious reactions, for which the worker repeatedly asks for a severance of employment for health reasons; the diagnosis can be determined only after examination in the psychiatric ward or in the psychiatric hospital.
15. Inflation of the external ear canal
Framework guideline for evaluation: Repeated severe external auditory inflammation with an obvious causal link with increased dusty in the workplace.
For mines at risk of ionising radiation (uranium mines and other mines at risk):
16. Laryngeal cancer
Framework guide for evaluation: Histological identification is required for diagnosis.
17. Skin cancer
Framework guidance for evaluation: On repeated occurrence in the last two years. A histology card is required.
18. Persistent haematopoietic disorders
Framework guidelines for evaluation: anemia lasting more than one year with a fall in red blood cells below 3.5 million in mm3 difficult to treat; White blood cell decreases below 3500 and their sustained rise above 10,000 in mm3.
Notes:
- The Medical Advisory Board (LPK) 13) in the course of the assessment shall follow the framework instructions given for each item.
- The assessment of occupational disease and the risk of occupational diseases shall be governed by specific rules. 14). "
This Decree shall take effect on 1 January 1983.
Minister:
Štancež v. r.
13) Paragraph 26 (3) of Directive No 49 / 1967 of the Ministry of Health, as amended by Directive No 17 / 1970 of the Ministry of Health of the Czech Republic on the assessment of medical fitness for work and by Directive No 17 / 1970 of the European Parliament and of the Council. Ministry of Health of the SSR on the assessment of medical fitness for work, supplement - Binding measure No 8 / 1972 MZ SSR.
14) Input No. 25 / 1973 Journal of the Ministry of Health of the Czech Republic and Input No. 4 / 1974 Journal of the Ministry of Health of the SSR - Reporting and registration of occupational diseases, professional poisoning and other damage to health from work.
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Regulation Information
| Citation | Decree No. 145 / 1982 Coll., amending and supplementing Federal Ministry of Labour and Social Affairs Decree No. 129 / 1979 Coll., on the employment and physical security of workers permanently unfit for work in underground mines, as amended by Decree No. 21 / 1982 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.1982 |
|---|---|
| Effective from | 01.01.1983 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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