Act No. 174 / 1968 Coll.
Law on State Professional Safety Oversight
Valid
Effective from 01.01.1969
174
THE LAW
of 20 December 1968
on national occupational safety professional supervision
State expert supervision of the safety of reserved technical equipment shall be carried out by state professional supervision organisations set up solely for this purpose by the Ministry of Labour and Social Affairs. 1) When more than one organisation of state professional supervision is set up, their responsibilities shall be defined by the Ministry of Labour and Social Affairs when they are set up.
The organisation of state professional supervision shall be subordinate to the State Labour Inspection Office. The Minister for Labour and Social Affairs shall appoint and dismiss the directors of the state professional supervision organisations.
(1) The competence of state professional supervision organisations applies to all legal persons (hereinafter referred to as "organisations") and to natural persons engaged in business activities in respect of the pursuit of such activities (hereinafter referred to as "business natural persons").
(2) The scope of state professional supervision organisations does not apply
(a) to activities, workplaces and technical installations subject to special supervision by the authorities of the State Mining Administration;
(b) technical installations, subject to specific regulations for the supervision of authorities in the defence, transport and informatics sectors, to the premises with which the Ministry of Interior is responsible, to the organisational component of the State which is established to carry out the tasks of the Ministry of Interior, or to the General Inspection of Security Councils and to the technical facilities which are selected in accordance with the atomic law,
(c) to technical equipment, before being placed on the market, provided that they are provided for in a conformity assessment act under a special law, (1a) unless otherwise provided for in a regulation issued by the Government for its implementation.
(1) Organisation of state professional supervision referred to in Article 1 in the conduct of safety oversight of reserved technical installations
(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, manage and evaluate tests, in the cases provided for, to certify that the dedicated technical equipment and materials used for their manufacture comply with the rules on the safety of technical equipment; confirm the successful results of the tests in the specified cases;
(c) verify, in specified cases, the professional competence of organisations and business natural persons for the production, assembly, repair, revision, testing of reserved technical installations and filling of containers of gases, and authorise them to do so;
(d) examine and certify the competence of natural persons to test, revise, repair, install or operate dedicated technical equipment.
(2) Authorised personnel of a state professional surveillance organisation shall be entitled to enter the premises of organisations and the premises of operating natural persons in order to carry out supervision and to require the necessary documents, information and conditions to be implemented.
(3) State professional supervision organisations shall carry out the activities referred to in paragraph 1 for fees set out in the implementing regulation issued by the Ministry of Labour and Social Affairs in agreement with the Ministry of Finance.
(4) Authorisations for the production, assembly, repair, revision, testing of dedicated technical equipment and filling of containers of gases referred to in paragraph 3 shall also be issued by the futile expiry of the period and in accordance with § 28 to 30 of the Freedom of Movement Act (Staff Act).
(1) Reserved technical installations are installations with an increased risk to the health and safety of persons and property subject to supervision under this Act. They are technical equipment pressure, lifting, electrical and gas.
(2) Depending on the degree of danger, dedicated technical equipment shall be classified in classes or groups, as appropriate, and a method of checking the professional competence of organisations, commercial natural persons and natural persons for activities on such facilities shall be laid down.
(1) Organisation and business natural persons
(a) ensure, when placing into service and operating dedicated technical installations, security measures and inspections, revisions and tests, where appropriate; in the manufacture of dedicated pressure equipment, unless they are covered by a valid government regulation issued for the implementation of a special act, 1a)
(b) they may install, repair, carry out revisions and tests of dedicated technical equipment, fill vessels of gases and produce dedicated pressure equipment if they are not covered by a valid government regulation issued for the implementation of a special law, 1a) only if they are competent and are holders of an authorisation under § 6a (1) (c);
(c) ensure that only natural persons who are competent and, in specified cases, hold certificates carry out tests, revisions, repairs, assembly or servicing of dedicated technical equipment.
(2) The requirements of professional competence of organisations and business natural persons shall be the necessary technical equipment and competence of their personnel.
(3) The conditions of competence of natural persons referred to in paragraph 1 (c) shall be:
(a) reaching the age of 18;
(b) medical fitness under special rules, 6)
(c) the prescribed qualification,
(d) period of experience in the field;
(e) the certificates referred to in Article 6a (1) (d), where they carry out revisions and tests of dedicated technical equipment, repairs, installation of dedicated gas equipment of the 1st class or operation of dedicated pressure equipment - boilers.
(4) Certificates for activities on dedicated technical installations issued by a state professional surveillance organisation shall be valid for five years from the date of issue.
(5) The recognition of professional qualifications referred to in paragraph 1 (c) acquired by a natural person in another Member State of the European Union, another Contracting State of the Agreement on the European Economic Area or in the Swiss Confederation shall be governed by the Law on the Recognition of Professional Qualification5a). The recognition body is the Ministry of Labour and Social Affairs. Before commencing temporary or occasional activity on the territory of the Czech Republic, a natural person who is entitled to perform similar activity in a Member State of the European Union, another Contracting State of the Agreement on the European Economic Area or the Swiss Confederation, the Ministry of Labour and Social Affairs of its professional qualifications shall verify 5b).
The organisation 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 these authorities and organisations shall provide on request to national professional surveillance organisations the supporting documents and information necessary for the exercise of such supervision.
(1) Workers of state professional surveillance organisations shall be obliged to maintain confidentiality of the facts which they have learned in connection with the exercise of their activities under this Act and to inform operators before entering the premises of organisations and operating areas of 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; that responsibility cannot be waived.
(1) Ministry of Labour and Social Affairs by Decree
(a) determine which technical installations within the competence of the authorities and the organisation of state professional supervision (Section 3) are considered to be reserved and, at the same time, determine their classification in classes or groups where appropriate;
(b) lay down detailed conditions for dedicated technical installations as regards their level of safety, location, installation, repair, operation, inspections, revisions, testing and operational documentation;
(c) specify the conditions for the professional competence of organisations and business natural persons with regard to the necessary technical equipment and professional competence of their staff and establish the way in which they are qualified;
(d) specify the conditions for the competence of natural persons with regard to the required qualifications and periods of professional experience in the field and establish the way in which they are qualified.
(2) The authority of the Ministry of Labour and Social Affairs to lay down by decree referred to in paragraph 1 more detailed conditions for the safety of reserved technical equipment pursuant to Article 6b before they are placed on the market may be applied only if they are not subject to a government regulation in force to implement a special law. (1a)
(1) The following shall be deleted:
(a) Paragraph 13 and 14 of Act No. 67 / 1960 Coll., on the production, distribution and use of heating gases (Gas Act), as amended by Act No. 64 / 1962 Coll.,
(b) Government Decree No. 53 / 1952 Coll., on ensuring the safety and economy of the operation of certain technical installations,
(c) Decree No. 114 / 1962 of the Ministry of Agriculture, Forestry and Aquaculture Coll., on State technical supervision of machinery used in agriculture and on safety and health protection at work with these machines.
(2) The scope of the authorities in the field of safety oversight and technical equipment, carried out so far under the rules referred to in paragraph 1, passes to the authorities established under this law.
This Act shall take effect on 1 January 1969.
Freedom v. r.
Srkovský v. r.
Ing. Cernik v. r.
1) Section 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 of the Municipality of the Czech Republic (Budget Rules of the Czech National Council No. 579 / 1991 Coll., Act of the Czech National Council No. 166 / 1992 Coll., Act of the Czech National Council No. 321 / 1992 Coll., Act of the Czech National Council No. 10 / 1993 Coll. and Act No. 189 / 1993 Coll.
1a) § 12 of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll.
1c) Act No 222 / 2009 Coll., on the Free Movement of Services.
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.
3a) Act No. 435 / 2004 Coll., on Employment.
4) Act No. 526 / 1990 Coll., on Prices.
5) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
5 (a) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competence of nationals of Member States of the European Union and of certain nationals of other States and amending certain laws (Act on the Recognition of Professional Qualifications), as amended.
5b) § 36b of Act No. 18 / 2004 Coll., as amended.
6) Article 6 (1) of Act No. 20 / 1966 Coll., on the care of the health of the people, as amended. Directive of the Ministry of Health No 49 / 1967 of the Ministry of Health Bulletin on the Assessment of Health for Work (registered in the amount of 2 / 1968 Coll.), as amended.
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Regulation Information
| Citation | Act No. 174 / 1968 Coll., on State Professional Labour Safety Supervision |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.12.1968 |
|---|---|
| Effective from | 01.01.1969 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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