Decree No. 180 / 2015 Coll.
Decree on work and workplaces prohibited by pregnant workers, nursing workers and mothers until the end of the ninth month after childbirth, work and workplaces prohibited by young workers, and the conditions under which young workers may exceptionally carry out such work because of professional training (Decree on prohibited work and workplaces)
Valid
Order
Effective from 01.09.2015
Text versions:
01.09.2015
24.07.2015
180
DECLARATION
of 9 July 2015
on work and workplaces prohibited by pregnant workers, nursing workers and mothers until the end of the ninth month following childbirth, work and workplaces prohibited by young workers, and the conditions under which young workers may exceptionally carry out such work on the basis of professional training (Decree on prohibited work and workplaces)
The Ministry of Health, pursuant to § 238 (1) of Act No. 262 / 2006 Coll., the Labour Code, as amended by Act No. 365 / 2011 Coll., and in agreement with the Ministry of Industry and Trade and the Ministry of Education, Youth and Sports under § 246 (2) of the Act No. 262 / 2006 Coll., the Labour Code, as amended by Act No. 365 / 2011 Coll.:
This decree implements the relevant provisions of the European Union1) and, following the directly applicable regulation of the European Union2)
(a) work and workplaces prohibited by pregnant workers, nursing workers and workers' mothers until the end of the ninth month after birth;
(b) works and workplaces which are prohibited by young workers and the conditions under which young workers may exceptionally carry out such work in order to prepare for their profession.
(1) Works are prohibited for pregnant workers
(a) risks3), except:
1. works classified under another legislation governing the classification of work under Category 4) as a risk factor for mental stress according to the criteria of working at night,
2. the work referred to in point (l) where the pregnant worker can be shown immunity from the biological agent considered for that work; and
3. works for which the conditions for their performance are laid down in legislation governing the use of nuclear energy and ionising radiation;
(b) requiring the use of isolation breathing apparatus;
(c) carried out by large muscle groups with the predominant dynamic component of muscle labour under another legislation governing health conditions at work5),
1. in which the minimum permissible energy output exceeds 14,5 kJ / minute and the average exchange energy output exceeds 3,4 MJ,
2. associated with manual handling of a load whose weight exceeds 10 kg on occasional handling or 5 kg on frequent handling;
3. where the cumulative mass of the manual load exceeds 2 000 kg for the average shift,
4. carried out in a sitting position, linked to the frequent lifting or carrying of a load of more than 2 kg;
5. connected with the occupation of the working position in a deep bow, kneeling, squat, lying down, standing on the toes, with hands above the height of the shoulders, with the rotation of the torso or bow of the torso by more than 10 degrees, if repeated work is done,
6. associated with abdominal pressure,
7. where the parameters of the workstation cannot be adjusted with respect to anthropometric changes in the body,
8. performed in a standing position or sitting position with the predominance of the static component of the work without the possibility of changing it;
9. associated with the transport of the load by means of a simple engine-free device, where the load force is 115 N or the pressure force exceeds 160 N;
(d) carried out at a forced working rate (5),
(e) in which they could be exposed to raches6),
(f) associated with exposure to total horizontal or vertical vibrations (6), exceeding the permissible exposure limit reduced by 10 dB;
(g) associated with exposure to chemical substances or chemical mixtures identified by standard phrases indicating specific risk according to another regulatory act governing the chemical or chemical mixtures (7) or standard hazard statements according to the directly applicable European Union2)
1. causing acute or chronic intoxication with severe or irreversible health effects with R 23, R 24, R 25, R 26, R 27, R 28 or R 39 or their combinations or with R 68 in combination with R 20, R 21 or R 22 or R 48 in combination with R 23, R 24 or R 25 or H300, H301, H310, H311, H330 or H331 or their combinations or with H370, H371 or H372,
2. classified as Category 1, 2 or 3 carcinogen with R45, R49 or R40 or Category 1A, 1B or 2 carcinogen with H350, H350i or H351,
3. classified as Category 1, 2 or 3 mutagen with R46 or R68 or Category 1A, 1B or 2 germ cell mutagen with H340 or H341,
4. Toxic to reproduction with effect from the foetus in the body of a mother of category 1, 2 or 3 with phrases R 61 or R 63 or categories 1A, 1B or 2 with phrases H360, H360D, H360FD, H360Fd, H360Df, H361, H361d or H361fd,
5. sensitising the airway or skin with R 42 or R 43 or their combinations, or H334 or H317,
(h) associated with exposure to other chemicals or chemical mixtures other than those referred to in (g), unless it can be excluded, on the basis of a health risk assessment, that the health of the pregnant worker or foetus is not harmed;
(i) in the manufacture of medicinal products or veterinary preparations containing hormones, antibiotics or other biologically highly active substances, unless it can be excluded, on the basis of a health risk assessment, that there is no harm to the health of a pregnant worker or foetus;
(j) in the manufacture, preparation for injection or treatment of patients treated with cytostatic agents or anti-mitotic drugs;
(k) associated with exposure to hardwood dust with carcinogenic effects5),
(l) associated with the exposure of rubella virus to another biological agent in groups 2 to 45) classified as risk3) or toxoplasmosa agents, unless immunity to the biological agent considered in the work can be demonstrated in a pregnant worker.
(2) Works are also prohibited for pregnant workers
(a) in the manufacture and processing of explosives or explosive articles and in the treatment of nimi8);
(b) in which the construction, construction or fall of articles is at risk of collapse;
(c) at altitudes above 1,5 m, above free depth exceeding 1,5 m or on a continuous surface with a gradient of 10 degrees or greater from the horizontal plane;
(d) high electrical voltage equipment;
(e) for the treatment of animals requiring special care under another legislation governing the determination of animal species requiring special care (9);
(f) related to the breeding of animals under another legislation governing the organisation of work and working practices relating to the rearing of animals (10);
(g) during slaughter at slaughterhouses;
(h) carried out in the space of closed containers or tanks;
(i) for the treatment of patients in closed psychiatric departments;
(j) mining underground.
(3) Pregnant workers are prohibited from working in workplaces where:
(a) the air pressure is higher than the ambient atmospheric pressure by more than 20 kPa;
(b) oxygen concentration in air is less than 20% by volume;
(c) the maximum permitted non-ionising radiation levels laid down for the population by other legislation governing health protection against the effects of non-ionising radiation11) are exceeded;
(d) according to the assessment of health risks by the employer, exposure to chemicals or mixtures or biological agents of groups 2 to 4 may endanger their health or the health of the foetus.
(1) Works and workplaces are prohibited for nursing workers
(a) referred to in Articles 2 (1) (g), (j) and (k) and (2) (j);
(b) with chemicals or chemical mixtures harmful to infants through breast milk known as R64 or H362,
(c) chemical substances or chemical mixtures toxic for reproduction with effect on fertility, known as R60 or R62, or combinations thereof, or H360, H360F, H360FD, H360Fd, H360Df, H361, H361f or H361fd.
(2) Furthermore, workers who are breast-feeding are prohibited from working and working places where, according to the health risk assessment, exposure by the employer to chemicals or mixtures may endanger their health or the health of the infant.
Workers' mothers shall be prohibited until the end of the ninth month following childbirth:
(a) in Article 2 (1) (a), if it is a risk job with vibration or a risk job with heat or cold stress;
(b) in Sections 2 (1) (b), (c) (1) to (6) and 8 (d) and (e),
(c) Paragraph 2 (2),
(d) Paragraph 2 (3) (a) and (b).
(1) Work is prohibited for young workers
(a) risks3);
(b) requiring the use of isolation breathing apparatus;
(c) carried out by large muscle groups with the predominant dynamic component of muscle labour under another legislation governing health conditions at work5),
1. where the hygiene limits of the energy expenditure for girls or boys are exceeded,
2. associated with manual handling of the load, the weight of which exceeds 20 kg in the case of boys or 15 kg in the case of frequent handling, 15 kg in case of occasional handling or 10 kg in case of frequent handling;
3. where the cumulative mass of the hand-operated load exceeds 5 500 kg for the boys and 4 000 kg for the girls for the average shift,
4. carried out in the sitting by boys, associated with the frequent lifting and carrying of loads of more than 4,5 kg or girls of more than 2,5 kg;
5. associated with carrying a load by means of a simple engine-free device, where the boys are loaded with a towing force greater than 150 N or a push force greater than 200 N or where the girls are loaded with a towing force greater than 115 N or a push force greater than 160 N;
(d) carried out at a forced working rate (5),
(e) with sources of ionising radiation11),
(f) associated with exposure to chemical substances or chemical mixtures identified by standard phrases indicating specific risk under another regulatory act governing the chemical or chemical mixtures (7) or standard hazard statements under the directly applicable European Union2)
1. causing acute or chronic intoxication with severe or irreversible health effects with R23, R24, R25, R26, R27, R28 or R39 or their combinations or with R33 or R301, H310, H311, H330 or H331 or their combinations or with H370, H371, H372 or H373;
2. classified as Category 1, 2 or 3 carcinogen with R45, R49 or R40 or Category 1A, 1B or 2 carcinogen with H350, H350i or H351,
3. classified as Category 1, 2 or 3 mutagen with R46 or R68 or Category 1A, 1B or 2 germ cell mutagen with H340 or H341,
4. toxic for reproduction category 1, 2 or 3 with phrases R 60 or R 61, R 62 or R 63 or categories 1A, 1B or 2 with phrases H360, H360D, H360F, H360FD, H360Fd, H360Df, H361d, H361, H361f or H361fd,
5. sensitising the airway or skin with R 42 or R 43 or their combinations, or H334 or H317,
6. corrosive with R34 or R35 or H314,
7. irritant with R41 or causing serious damage to the eyes with H318;
8. harmful to R 65 or hazardous to inhalation with H304;
9. as liquids with R11 or R12 or flammable liquids of category 1 or 2 with H224 or H225, flammable gases of category 1 or 2 with H220 or H221, with category 1 aerosols of H222, self-reactive substances and mixtures of type A, B, C or D with H240, H241 or H242, explosives of category unstable explosives of type A or B with H240 or H241,
(g) associated with exposure of hardwood dust to carcinogenic effects5),
(h) in the manufacture of medicinal products or veterinary preparations containing hormones, antibiotics or other biologically highly active substances;
(i) in the manufacture, preparation for injection or treatment of patients treated with cytostatic agents or antimitotic drugs.
(2) Works for young workers are also prohibited
(a) in the manufacture and processing of explosives or explosive articles and treatment of nimi8);
(b) at altitudes above 1,5 m, above a free depth exceeding 1,5 m or on a continuous surface with a gradient of 10 degrees or greater from the horizontal plane;
(c) on high electrical voltage equipment,
(d) carried out in closed containers or tanks;
(e) facilities for the production, storage or use of compressed, liquid or dissolved gases;
(f) in which there is a risk of collapse of the construction, construction or fall of objects;
(g) for the treatment of animals requiring special care under another legislation governing the determination of animal species requiring special care (9);
(h) during slaughter of animals in slaughterhouses;
(i) barrels, canisters or similar containers containing the chemicals or chemical mixtures referred to in paragraph 1 (f).
(3) Young workers are prohibited from working in workplaces where:
(a) the air pressure is higher than the ambient atmospheric pressure by more than 20 kPa;
(b) oxygen concentration in air is less than 20% by volume;
(c) work with a source of ionising radiation;
(d) according to the assessment of health risks, exposure by the employer to chemicals or chemical mixtures or biological agents of groups 2 to 4 may endanger their health.
(4) The prohibition on the work of young workers shall not apply to work in which young workers prepare for a profession, provided that they are carried out under continuous professional supervision and that the organisation of work or other measures ensure adequate protection of their health,
(a) classified under paragraph 1 (a) as risk factors for heat, cold, noise, vibration or working position loads, provided that, on the basis of the assessment of health risks, it is possible to exclude that there is no damage to health;
(b) referred to in paragraph 1 (f) (7) and (8), (h) and (i), provided that, on the basis of the assessment of health risks, it is possible to exclude the absence of injury.
(c) referred to in paragraph 2 (b), (c), (e), (g) and (h);
(d) as referred to in paragraph 1 (e) and carried out under the conditions laid down in the legislation governing the use of nuclear energy and ionising radiation, if it is youth aged between 16 and 18.
Young workers who are pregnant, breastfeeding or mothers until the end of the ninth month following childbirth shall also be subject to the prohibitions laid down in Sections 2, 3 or 4; the provisions of Section 5 (4) shall not apply.
Decree No. 288 / 2003 Coll., which provides for work and workplaces which are prohibited from pregnant women, breast-feeding women, mothers until the end of the ninth month after childbirth and adolescents, and the conditions under which adolescents may exceptionally carry out such work on the basis of professional training shall be deleted.
This Decree shall take effect on the first day of the second calendar month following its publication.
Minister:
MUDr.
1) Council Directive 92 / 85 / EEC of 19 October 1992 on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers shortly after childbirth or breastfeeding (10th Directive within the meaning of Article 16 (1) of Directive 89 / 391 / EEC), as amended by Directives 2007 / 30 / EC and 2014 / 27 / EU. Council Directive 94 / 33 / EC of 22 June 1994 on the protection of young workers. Directive 2007 / 30 / EC of the European Parliament and of the Council of 20 June 2007 amending Council Directive 89 / 391 / EEC, its separate Directives and Council Directives 83 / 477 / EEC, 91 / 383 / EEC, 92 / 29 / EEC and 94 / 33 / EC in order to simplify and rationalise the reports on practical application, as amended by Directives 2007 / 30 / EC and 2014 / 27 / EU. Directive 2006 / 54 / EC of the European Parliament and of the Council of 5 July 2006 on the introduction of the principle of equal opportunities and equal treatment for men and women in the field of employment and occupation.
(2) 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.
3) Paragraph 39 (1) of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Acts, as amended by Act No. 13 / 2002 Coll.
4) Decree No. 432 / 2003 Coll., laying down the conditions for the classification of works into categories, the limit values of the biological exposure test indicators, the conditions for the collection of biological material for carrying out biological exposure tests and the formalities for reporting of work with asbestos and biological agents, as amended by Decree No. 107 / 2013 Coll.
5) Government Regulation No. 361 / 2007 Coll., laying down conditions for health protection at work, as amended.
6) Government Decree No. 272 / 2011 Coll., on the protection of health against adverse effects of noise and vibration.
7) Act No. 350 / 2011 Coll., on chemicals and chemical mixtures and on the amendment of certain laws (chemical law), as amended.
8) For example, Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended, Act No. 83 / 2013 Coll., on Labelling and Traceability of Explosives for Civil Use. Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council 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.
9) Decree No. 411 / 2008 Coll., on the determination of animal species requiring special care, as amended by Decree No. 205 / 2011 Coll.
10) Government Decree No. 27 / 2002 Coll., laying down the method of organisation of work and working procedures which the employer is obliged to ensure in the course of work related to animal husbandry.
11) Government Decree No. 1 / 2008 Coll., on Health Protection against Non-Ionising Radiation, as amended by Government Decree No. 106 / 2010 Coll.
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Regulation Information
| Citation | Decree No. 180 / 2015 Coll., on works and workplaces prohibited by pregnant workers, nursing workers and mothers until the end of the ninth month after birth, on work and workplaces prohibited by young workers, and on the conditions under which young workers may exceptionally carry out such work in order to prepare for their profession (Decree on prohibited work and workplaces) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 24.07.2015 |
|---|---|
| Effective from | 01.09.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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