Act of the Czech National Council No. 159 / 1992 Coll.
Act of the Czech National Council amending and supplementing Act No. 174 / 1968 Coll., on State Professional Supervision of Safety at Work, as amended by the Act of the Czech National Council No. 575 / 1990 Coll.
Valid
Effective from 01.04.1992
159
THE LAW
Czech National Council
of 17 March 1992
amending and supplementing Act No. 174 / 1968 Coll., on State Professional Supervision of Safety at Work, as amended by Act No. 575 / 1990 Coll.
The Czech National Council decided on this law:
Act No. 174 / 1968 Coll., on state professional supervision of occupational safety, as amended by the Act of the Czech National Council No. 575 / 1990 Coll., is amended and added as follows:
1.
(1) State professional supervision of the safety of work and technical equipment and compliance with the specified working conditions under this Act are carried out by the state professional supervision bodies of the Czech Labour Safety Authority and the labour safety inspectors (hereinafter referred to as the "state professional supervision authorities").
(2) State professional supervision of the safety of reserved technical equipment is carried out by the organisation of state professional supervision set up by the Czech Office for Safety of Labor (1) and by other legal persons not engaged in business activities, (2) entrusted by the Government of the Czech Republic (hereinafter referred to as the "organisation of state professional supervision"). '
2.
In the Czech Republic, the Labour Safety Inspectorate establishes the Czech Labour Safety Authority, to which they are subject. The head of the Labour Security Inspectorate is the Head of Labour Security Inspectors, appointed and withdrawn by the Chairman of the Czech Labour Safety Authority. The President of the Czech Labour Safety Authority shall also appoint and remove the directors of the state professional supervision organisations set up by the Czech Labour Safety Authority. "
3. In the heading above Section 3, the words "and organisations' shall be inserted after the word" institutions'.
4. in Paragraph 3 (1):
"(1) The scope of public professional oversight bodies and organisations shall apply to all organisations and natural persons engaged in a business activity as regards the pursuit of that activity (hereinafter referred to as" the natural persons involved ').'.
5. In Paragraph 3 (2), the words "and organisations' shall be inserted after the words" The scope of the institutions'.
6. in Article 3 (3):
"(3) The Government of the Czech Republic may extend the scope of national professional supervision bodies and organisations to the technical facilities referred to in paragraph 2 (b)."
7. in Article 4 (a):
"(a) monitor compliance with the rules for ensuring the safety of work and technical equipment and with the rules laying down working conditions, in particular those concerning the way in which women and adolescents are employed, working time, night work and overtime work,";
8. In Section 4 (b), the words "and the Slovak Labour Safety Authority 'are deleted.
9. in Article 4 (d) and (e):
"(d) decide to withdraw the authorisations of organisations and business natural persons for the manufacture, assembly, repair, maintenance and revision of dedicated technical installations in the event of a detected breach of the labour safety rules and technical installations;
(e) decide to withdraw certificates of examination, revision, repair or service of reserved technical equipment issued to natural persons in the event of an infringement to ensure the safety of work and technical equipment; ';
10. in Article 4, points (f), (g) and (i) are deleted;
11. in Paragraph 4, point (h) is renumbered as point (f) with the current text.
12. in Article 5 (1), the words "and the Slovak Labour Safety Authority within their territorial scope" shall be deleted.
13. in Article 5 (1) (c), (d), (e) and (g) verbs are "implemented," "issued," "decided" and "coordinated" replaced by the same verbs in a single number.
14. in Article 5 (1) (f):
"(f) determine, after consultation with the state professional surveillance organisations, which technical installations are considered to be reserved;"
15. in Article 5, paragraph 2 is deleted and the numbering of the paragraphs is deleted.
16. in Article 6 (1) (a):
"(a) to enter, at any time, the premises of organisations and operating areas of operating natural persons and to require the necessary documents, information and creation of conditions for the exercise of supervision;"
17. in Article 6 (2) (a) and (b):
"(a) impose fines on workers of organisations and business natural persons who, by their fault, have breached serious obligations arising from the rules for the safety of work and technical equipment and from the rules establishing working conditions, or conceal the facts relevant to the exercise of supervision, up to an amount equal to three times their average monthly earnings, 3)
(b) impose fines on organisations and business natural persons for infringements of the labour safety and technical equipment and regulations laying down working conditions up to the amount of CZK 500 000; in respect of failure to comply with the new deadline for making a correction, increase the fine originally determined by up to 100%. ';
18. The following Section 6a is inserted after Section 6:
(1) Organisation of state professional supervision pursuant to § 1 (2) in the conduct of safety oversight of reserved technical installations (§ 5 (f))
(a) provide expert and binding opinions on whether technical equipment safety requirements are met when designing, constructing, manufacturing, assembly, operation, service, repair, maintenance and revision of dedicated technical equipment;
(b) carry out inspections and manage and evaluate tests of dedicated technical equipment;
(c) examine and authorise the professional competence of organisations and business natural persons for the production, assembly, repair, maintenance and revision of dedicated technical equipment;
(d) examine and certify the competence of natural persons for testing, revision, repair or service of dedicated technical equipment;
(e) certify that the technical equipment and materials comply with the safety requirements of the technical equipment.
(2) In the performance of their activities, the organisation of state professional supervision and their authorised personnel shall have the powers referred to in Article 6 (1) (a).
(3) State professional supervision organisations shall carry out the activities referred to in paragraph 1 for remuneration provided for by a generally binding legislation issued by the Czech Labour Safety Authority in agreement with the Ministry of Finance of the Czech Republic or at prices determined in accordance with a special regulation.4)
(4) The activities of state professional supervision organisations are not covered by the general rules on administrative management.5) '.
19.
The authorities and organisations of state professional supervision shall cooperate with the relevant trade unions and central trade unions, the relevant cooperative bodies and cooperative organisations, employers' organisations and trade unions, the relevant central, local and other public authorities and shall inform them of the measures taken to remedy the deficiencies identified in their activities. All such authorities and organisations shall provide on request the authorities and bodies of state professional supervision with the supporting documents and information necessary for the exercise of such supervision. ';
20. The following Section 7a is inserted after Section 7:
(1) Workers of the authorities and of the state professional surveillance organisations are required to maintain confidentiality regarding the facts which they have learned in connection with the exercise of their activities under this Act and to inform the operators before entering the premises of the organisations and operating premises of the operating natural persons.
(2) The State shall be responsible for the damage caused by the workers referred to in paragraph 1 in the course of activities under this Act; This responsibility may not be waived. ';
The Bureau of the Czech National Council is hereby authorised to publish in the Collection of Laws the full text of Act No. 174 / 1968 Coll., on State Professional Supervision of Safety at Work, with the scope for the Czech Republic, as is apparent from later laws.
This Act shall take effect on 1 April 1992.
Burešová v. r.
Pithart v. r.
1) § 31 of the Act of the Czech National Council No. 576 / 1990 Coll., on the Rules of Management of the Budget Funds of the Czech Republic and the Municipality of the Czech Republic (Budget Rules of the Republic).
2) For example, the trade associations pursuant to § 69 of Act No. 455 / 1991 Coll., on Trade Business (Trade Act), and § 5 of Act No. 83 / 1990 Coll., on the Association of Citizens.
3) Section 275 of the Labour Code. Section 17 of Act No. 1 / 1992 Coll., on wages, remuneration for on-call and average earnings.
4) Act No. 526 / 1990 Coll., on Prices.
5) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
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Regulation Information
| Citation | Act of the Czech National Council No. 159 / 1992 Coll., amending and supplementing Act No. 174 / 1968 Coll., on State expert supervision of safety of work, as amended by the Act of the Czech National Council No. 575 / 1990 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.04.1992 |
|---|---|
| Effective from | 01.04.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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