Decree of the Czech Office of Labour Security and the Czech Mining Office No. 152 / 1969 Coll.
Decree of the Czech Labour Safety Authority and the Czech Mining Authority on the registration and registration of accidents at work and on the reporting of accidents at work (accidents) and technical equipment failures
Valid
Effective from 01.01.1970
152
DECLARATION
Czech Office for Safety of Labour and Czech Mining Office
of 12 December 1969
on the registration and registration of accidents at work and the reporting of accidents at work (accidents) and technical equipment failures
The Czech Labour Safety Authority pursuant to § 5 (1) (d) of Act No. 174 / 1968 Coll., on State Professional Safety Supervision, and the Czech Mining Authority pursuant to § 57 (1) (d) of Act No. 41 / 1957 Coll., on the Use of Mineral Wealth (Upper Law) provides in an agreement with the participating authorities:
Registration and registration of accidents at work
Scope
Registration and registration under the provisions of this Order shall be subject to accidents at work.
(a) workers of all organisations and establishments (hereinafter referred to as "organisations") and workers of independent operators having a working or similar relationship, including apprentices;
(b) members of single agricultural cooperatives, production cooperatives and members and other persons working in cooperative organisations;
(c) students and pupils in production practice or work in organisations carried out according to the curriculum and curriculum;
(d) members of military services when working in organisations;
(e) persons in prison when working in organisations ("workers").
Work accident
(1) An accident at work shall be regarded as any breach of health or death caused to the worker, regardless of his or her will, by the short, sudden and violent action of external influences in the performance of his or her duties or in direct connection with him; for the purposes of this Decree, an accident at work shall also be assimilated to an accident suffered by a worker at the workplace or at the premises of an organisation or a separate operator in an activity which is not related to the performance of the work, provided that such activity has been authorised by the organisation or by a separate operator.
(2) An accident at work which has occurred on the way to and from the worker is not regarded as an accident at work.
Registration and registration of accidents at work
(1) For the purposes of this decree, measures which organisations and independent operators are obliged to carry out shall be deemed to have registered accidents at work.
(2) Organisations and independent operators are required to carry out the registration
(a) identify the cause and other circumstances of the accident at work;
(b) make a record of the accident at work as a result of the identification of the causes of the accident;
(c) lay down measures against the repetition of similar accidents and check that they are carried out within the prescribed time limit.
(3) Organisations and independent operators are required to keep records of accidents at work subject to registration. *)
Accidents to work subject to registration
Registration shall be subject to accidents at work if they have caused the death or inability of the worker to work for at least one day outside the day on which the accident occurred.
Types of accidents at work
(1) For the purposes of this decree, accidents at work shall be divided into fatal, severe, mass accidents and others depending on their severity.
(2) Accordingly,
(a) for a fatal injury to any accident at work which caused the worker to die immediately or at any time thereafter, if the death was recognised as a result of the injury to that worker on the basis of a medical opinion;
(b) for serious injury to any accident at work which has caused serious harm to the worker, such as:
- mutilation,
- loss or substantial reduction of working capacity,
- paralysis of the limb,
- loss or substantial weakening of the function of the sensory organ,
- damage to an important organ,
- degeneration,
- abortion,
- torturous hardships,
- a longer-lasting health disorder,
- all other injuries and sudden industrial poisoning which the doctor has identified as severe,
(c) for multiple accidents at work where three or more persons, at least one person severely or fatally, or more than ten persons have been injured in one event;
(d) for other accidents, all accidents at work not referred to in (a) to (c).
Reporting of accidents at work
(1) The disabled, if he is able to do so, and any other worker who witnessed or first becomes aware of an accident at work, shall immediately inform the master or other immediate superior of the injured worker of the accident.
(2) As soon as the superior becomes aware of the accident at work, he shall immediately notify the accident
(a) management of the organisation;
(b) to the race committee or delegated body of the basic organisation of the Czech Trade Union or to the entrusted body of the basic organisation of the Czech Association of Cooperative Farmers, if it is a single agricultural cooperative, or to the committee of care for members, if it is a production cooperative.
(3) Organisations and independent operators are required to report the accident by telephone, telegraph or other appropriate means immediately upon receipt of a report on a fatal, severe or mass accident.
(a) the competent labour safety inspector (*) if the post is supervised by that authority;
(b) to the competent district mining office, if the post is subject to supervision by that authority;
(c) ministries of national defence, transport, post office and telecommunications and home affairs, if they are technical equipment or selected objects subject to specific rules of supervision by their authorities;
(d) to the central committee of the competent Czech trade union,
(e) the competent public security service;
(f) to the competent authority of the health service, if there is sudden industrial poisoning;
(g) the relevant branch of the Czech State Insurance Corporation, if it is an accident at the insured person.
The organisations shall also report to their closest supervisory authority and to the competent central authority.
(4) If a worker has died at any later time as a result of an accident at work, the organisations and independent operators shall, within 48 hours of death, be required to report in writing the death caused by the accident at work to the authorities referred to in paragraph 3.
(5) The competent authority referred to in paragraph 3 shall be competent by the place of the accident.
Detection and investigation of the causes of accidents at work subject to registration
(1) Organisations and independent operators are required to identify objectively the causes of the accident at work and to draw up a record of the accident at work within 48 hours of the occurrence of the accident.
(2) A trade union official responsible for the basic organisation of the Czech Trade Union shall participate in the identification of the causes and record of the accident at work referred to in paragraph 1, in the single agricultural cooperatives an official of the basic organisation of the Czech Association of Cooperative Farmers and in the production cooperatives an authorised member of the Committee of Care of Members.
(3) The causes of fatal, severe and mass accidents at workplaces subject to the supervision of the authorities referred to in Article 6 (3) (b) and (c) are examined by those authorities in accordance with specific rules. The provisions of paragraphs 1 and 2 shall remain unaffected.
(4) Organisations and independent operators are required to establish and implement measures against the repetition of similar accidents, to specify the time limits to comply with those measures and the means of monitoring them. They shall inform the officials referred to in paragraph 2 of the implementation of the measures provided for.
(5) Public security workers *) conduct investigations if they indicate that a criminal offence has been committed in connection with an accident at work. Representatives of the Labour Safety Inspectorate * *) investigate the causes of fatal and mass accidents at work, unless an investigation is conducted by Public Security personnel. Representatives of the Labour Security Inspectorate participate in investigations conducted by Public Security personnel and vice versa.
(6) In the event of a fatal or mass accident, organisations and independent operators shall:
(a) immediately inform the competent authorities referred to in paragraphs 2, 3 and 5 of the time and place of detection of the causes of the accident at work;
(b) take measures to prevent further possible threats to the life and health of workers;
(c) ensure that the place of accident at work remains in its original state until the arrival of an official of the Labour Safety Inspectorate or of a public security officer.
(7) Changes in the place of accidents at work referred to in paragraph 5 shall be permitted only if they are to be rescued by the affected persons or, where appropriate, by other rescue work, or if traffic safety so requires.
(8) In exceptional cases where it is not possible to leave the site of the accident in its original state, a situation sketch shall be drawn up indicating the changes made and, where appropriate, to be photographed. The person who gave the order or consent to make the changes shall be responsible for the creation of a sketch or photographs, as appropriate.
(9) Organisations and independent operators are obliged to allow the personnel conducting investigations referred to in paragraph 5 to carry out their tasks.
Unregistered accidents at work
(1) The worker is obliged to report to his superior and to work injury which has not caused him or her incapacity for work less than one day.
(2) Such accidents shall be subject to the obligation of organisations and independent operators to keep entries in the accident record so that they can be used as a basis for the establishment of appropriate measures and for the later drawing up of an accident record if the consequences of the accident occur later.
(3) If, at a later stage, incapacity for work exceeds one day as a result of an accident at work as referred to in the preceding paragraphs, organisations and independent operators shall comply with the provisions of Sections 3 and 6 of this Order.
Submission of records of accidents at work
(1) Organisations and independent operators are required to submit mass copies of the records of accidents at work subject to registration for the previous month by the fifth day of the following month.
(a) to the competent labour safety inspector, where the work is subject to supervision by that authority;
(b) the competent district mining office, if it is a place of business supervised by that authority or the Czech mining office, if it is an accident at work caused by the use of explosives;
(c) ministries of transport, post offices and telecommunications and interiors, if they are technical equipment or selected objects subject to specific rules of supervision by their authorities.
(2) Copies of records of accidents at work subject to registration, if they are technical equipment subject to special supervision by the authorities of the Ministry of Defence, shall be sent in bulk to that Ministry during the previous month by the 10th day of the following month.
(3) Organisations and independent operators shall transmit a copy of the alert on an accident at work to the injured person, in the event of a fatal accident at work, if they so request.
(4) In the event of a fatal, severe or mass accident at work, organisations and individual operators shall be required to send a copy of the accident at work no later than 48 hours after the accident at work and a record of the accident at work within 30 days of the date of the accident at work, except for the places referred to in paragraph 1.
(a) to the central committee of the competent Czech trade union,
(b) to the central committee of the Czech Association of Cooperative Farmers, if it is a single agricultural cooperative,
(c) the Czech Association of Production Cooperatives, if applicable,
(d) national health district institute, *)
e) the district department of the Czech Statistical Office.
The organisation shall also send these copies to its closest superior body.
Registration of a worker's accident at work of another organisation
(1) If an accident at work subject to registration to a worker of an organisation other than that in which an accident at work occurs is reported, the cause of the accident at work shall be established and recorded by the organisation in which the accident at work took place and sent in the necessary number of copies within 48 hours of the date of the accident to the organisation where the worker is working. An organisation in which an accident at work has occurred shall take the measures necessary to eliminate the causes of similar accidents if they have been caused. Further measures under the provisions of this decree shall be taken by an organisation with whom the worker is employed.
(2) In cases of fatal, severe or mass accidents, the organisation in which the accident occurred fulfils the obligations laid down in Article 6 (3). They shall immediately inform the organisation in which the worker is working by telephone or telegraphically.
(3) If a registered occupational accident is suffered by a member of a crew (group) who has a designated manager, he shall declare the cause of the accident at work and record it in cooperation with the organisation in which the accident occurred. If such an accident is suffered by the head of the dispatched platoon (s), the procedure laid down in paragraph 1 shall be followed.
(4) If a registered worker has suffered a work accident sent by an organisation to work outside the territory of the Czechoslovak Socialist Republic, he shall report, establish the cause of the work accident and record it with the head of the seconded group. Further measures under this decree shall be taken by the organisation which sent the worker to work abroad. In cases where a worker has been released for work abroad by an organisation which is in contract with a foreign trade organisation, he shall do so in cooperation with that foreign trade organisation.
(5) The obligations arising from this Order in the case of an accident at work shall be carried out by the organisations and by the individual operators carrying out the education of the apprentice at the time of the accident at work.
Reporting of traffic accidents (accidents) and technical equipment failures
(1) An operating accident (accident) is an event likely to have been caused by damage to the assets of an organisation in excess of 20 000 Kčs or which has been seriously threatened by the operation or development of an organisation or the life and health of workers.
(2) The failure of the technical equipment is a damage to the technical equipment which has resulted in the cessation or limitation of its operation, the damage caused by which appears to exceed 5000 Ccs but not 20 000 Ccs.
(3) Organisations, independent operators and individual users of technical equipment are required to immediately notify the authorities referred to in Article 6 (3) by telephone, telegraph or by other appropriate means. However, only the authorities referred to in Article 6 (3) (a) to (c) shall report the failure of the technical equipment. The report shall be submitted to the authorities responsible for the location of the accident or malfunction of the technical equipment.
(4) Clarification of the causes of operational accidents (accidents) or technical equipment failures is carried out by organisations or independent operators with the participation of the officials referred to in Article 7 (2). It shall inform the authorities referred to in paragraph 3 in writing of the result within 48 hours. A representative of the competent labour safety inspector shall participate in the clarification, which shall investigate the causes of the work, where appropriate. If an accident (s) or technical equipment malfunction is detected when an offence has been committed in relation to an accident or disorder, the organisation, individual operators or representative of the Labour Safety Inspectorate shall immediately notify the competent Public Security Service.
(5) The investigation of operational accidents (accidents) and technical equipment disturbances at workplaces subject to the supervision of the authorities referred to in Article 6 (3) (b) and (c) are governed by specific rules.
Common and final provisions
Storage of documents
Organisations and independent operators shall be required to keep the documents referred to in Sections 7, 8, 9 and 11 for five years following the year of the accident at work, the accident (accident) or the failure of the technical equipment. If the organisation ceases to exist, the organisation shall submit these documents to its legal successor.
Repeal
The Order of the Central Council of Trade Unions No. 118 / 1961 Coll., on the registration of accidents at work is hereby repealed.
Efficacy
This Decree shall take effect on 1 January 1970.
The President
Czech Mining Office:
Dr Ing. Beznekr v. r.
The President
Czech Labour Safety Authority:
Ing. Šmok v. r.
*) Modification and content of the registration documents (records of accidents at work, forms of their records, etc.) and other questions related to statistics are determined by the Czech Statistical Office in agreement with the Czech Labour Safety Authority and the Czech Mining Office according to the relevant regulations.
*) Decree No. 18 / 1969 Coll., on the establishment of labour security inspectors.
*) Under Act No. 141 / 1961 Coll., as amended by Act No. 57 / 1965 Coll., on the Criminal Establishment of a Judicial (Criminal Code).
* *) According to § 4 (h) of Act No. 174 / 1968 Coll., on State Professional Safety Supervision.
*) This is without prejudice to the obligations of organisations imposed by the provisions of § 10 of Act No. 33 / 1965 Coll., on Regression Refunds, and § 13 of Decree No. 34 / 1965 Coll., implementing the Act on Regression Refunds.
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Regulation Information
| Citation | Decree of the Czech Labour Safety Authority and the Czech Mining Authority No. 152 / 1969 Coll., on the registration and registration of accidents at work and on the reporting of accidents at work (accidents) and technical equipment disorders |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 23.12.1969 |
|---|---|
| Effective from | 01.01.1970 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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