Decree No. 194 / 2022 Coll.
Government regulation on professional competence requirements for electrical equipment and competence in electrical engineering
Valid
Regulation
Effective from 01.07.2022
194
GOVERNMENT REGULATION
of 22 June 2022
on professional competence requirements for electrical equipment and competence in electrical engineering
The Government mandates pursuant to § 23 (d), (e), (g) and (h) of Act No. 250 / 2021 Coll., on the safety of work in connection with the operation of reserved technical installations and on the amendment of related laws, hereinafter referred to as "the Act":
Subject matter
This Regulation implements the relevant provisions of the European Union1) and provides for:
(a) requirements for the competence of natural persons who operate and work on electrical equipment without voltage, in the vicinity of electrical equipment under voltage and electrical equipment under voltage and which carry out revisions on dedicated electrical equipment;
(b) the requirements laid down in respect of professional competence to carry out activities on electrical equipment for legal persons, commercial natural persons and their staff as regards the pursuit of the activities referred to in (a);
(c) requirements for checking the competence of the persons referred to in points (a) and (b) and the degree of competence to carry out activities on the electrical equipment of those persons;
(d) the method and content of the proficiency test and the nature of the evidence of successful completion of the proficiency test for the performance of electrical engineering activities;
(e) requirements imposed on natural persons who ensure the professional exercise of activities on dedicated electrical equipment by species in respect of their installation, repair, revision to the extent of the authorisation provided for in Article 8 (2) of the Act against the relevant reserved technical equipment.
Definition of terms
For the purposes of this Regulation:
(a) professional qualifications
1. completed secondary education, secondary education with a certificate, secondary education with a graduate examination or higher vocational education from a group of disciplines 26 Electronics, telecommunications and computer technology,
2. completed university bachelor's, master's or doctoral education in the field of education Electronics,
3. completed secondary education, secondary education with a certificate or secondary education with a graduate examination in another field which meets the requirements of electrical education in content;
4. the completion of undergraduate, Master or doctoral education from another field of education which meets the requirements of electrical education in substance;
5. full professional qualifications obtained under another legislation2) and published in the National Qualifications System under the qualification "Electronics, Telecommunications and Computer Technology,"
(b) professional qualifications of qualifications acquired under another legislation3),
(c) the operation on and near the electrical equipment and the operation and operation of the electrical equipment and its vicinity at which an electric shock may occur;
(d) a separate activity on and near the electrical equipment which is carried out on and near the electrical equipment without the need for supervision or supervision of another person;
(e) electrical equipment of power, communication, control and special equipment which, for its operation or operation, benefits from the effects of electrical or electromagnetic phenomena and the system of protection against lightning, overvoltage and static electricity;
(f) by the responsible person, the person responsible for the legal person or the undertaking of the natural person who operates the electrical equipment, whose duties include ensuring the safe operation of the electrical equipment and laying down rules for the performance of individual activities on the installation and organisation or organisation of the place of performance of those activities.
Requirements for professional competence in electrical equipment
(1) A legal person and an operating natural person operating an electrical installation or carrying out electrical equipment activities shall ensure that the activities and management of electrical equipment activities, and in their vicinity, are carried out in specified cases only by competent natural persons under Section 19 of the Act with compliance with their eligibility requirements under Sections 4, 6 and 7 and by persons professionally competent to perform electrical equipment activities under Section 11 of the Act with compliance with their eligibility requirements under Section 8.
(2) The operation on an electrical equipment requiring competence under this Regulation shall not be considered to be an operation of the low-voltage electrical equipment.
(3) The responsible person shall check that the activities and the management of the activities on and near electrical equipment are carried out in specified cases only by persons competent for the activities on electrical equipment under § 4 to 8. Some of the activities of the responsible person referred to in § 2 (f) may be delegated to other persons.
(4) A legal person and an operating natural person operating an electrical installation or carrying out activities on electrical equipment shall ensure that persons who are competent to carry out activities on electrical equipment pursuant to § 4, 6 and 7 are regularly trained on the legal and other rules to ensure safety and health at work4) relating to the performance of their activities, so that their knowledge is regularly deepened, in accordance with the internal rules of the legal person or the natural person undertaking. Where the legal person or the undertaking natural person operating the electrical equipment is not in possession of the internal regulation referred to in the first sentence, the training of competent persons shall be provided to the extent required in the first sentence at least once a year.
(5) A legal person and an undertaking natural person, in cooperation with the relevant educational establishment, shall ensure that pupils and students of electrical engineering in practical training prior to and in the vicinity of electrical equipment activities
(a) have been properly trained in accordance with Article 9 (1), to the extent that their activities on electrical equipment have been carried out, their knowledge has been verified and the registration has been carried out; and
(b) conduct only an activity which corresponds to their gradually acquired professional knowledge, always under the guidance of a designated person with a professional competence appropriate to the nature of the activity.
Person instructed
(1) The person instructed is a competent person under Article 19 of the Act who has been trained, within the scope of his activity, on the legal and other regulations to ensure safety and health at work4) for and near electrical equipment, has also been trained in and in the area of potential sources and causes of risks to electrical equipment, has been alerted to potential threats to electrical equipment, has been informed of the procedures for providing initial assistance in electric accidents and has been verified; a person trained shall also be considered to be a person of knowledge whose examination under this Regulation has ceased to be valid, and that person may regain the degree of professional competence of a person of expertise after a successful examination of the ability to perform electrical activities.
(2) The content and time range of the lessons referred to in paragraph 1 are determined by a legal person or an undertaking of a natural person who operates an electrical installation or carries out activities on electrical equipment pursuant to Paragraph 3 (1), taking into account the nature and scope of the activity on electrical equipment to be carried out by the persons instructed.
(3) A record must be made of the lessons learned and of the knowledge verified, drawn up by the person who has made the lessons and verifications. The writing must specify the extent of the training and specification of the workplace.
(4) The scope of the activities which may be carried out by the person instructed is laid down in laws and regulations to ensure safety and health at work4) for the operation of electrical equipment, including local operational safety regulations. In particular, the person instructed shall:
(a) self-service of electrical equipment without voltage limitation, with the restriction that only those parts of equipment intended for use may be affected;
(b) working according to the instructions on and near electrical equipment of small and low voltage;
(c) working with supervision on and close to high voltage electrical equipment;
(d) working with the supervision of a person who is aware of the uncovered living parts of low voltage electrical equipment under voltage, at a safe distance from them, or up to contact with an insulating housing protecting against accidental contact with the living part;
(e) working under the supervision of a person known to be in the vicinity of exposed live parts of high voltage electrical equipment;
(f) work on electrical equipment in specific cases where the legal person or the undertaking natural person who operates the electrical equipment has processed and issued a special working procedure with which the person who has been informed in advance and repeatedly within the prescribed time limits has been informed and has been practically trained to do so; an entry shall be made, signed by the person instructed together with the person who made the meeting.
Person with knowledge
(1) The person known shall be:
(a) a person competent for a separate activity (hereinafter referred to as "electrical technician");
(b) a person competent for the management of an activity (hereinafter referred to as "leading electrical technician"); and
(c) a revision technician.
(2) The expert is competent to carry out all work on the electrical equipment within the scope of the document issued on the successful completion of the examination of the competence to perform electrical engineering activities under Section 19 of the Act.
(3) The revision of reserved electrical equipment is carried out by a review technician with a certificate of competence for activities on dedicated electrical equipment of the appropriate scope for carrying out revisions under the Act.
Electrical technician
(1) Electrical engineering is a person with the professional qualifications referred to in Section 2 (a) who, after training, has passed an examination of the competence to perform electrical activities within the specified scope. The electronic technician shall carry out activities on and near electrical installations separately, except in specific cases based on risk assessment.
(2) The minimum professional experience required shall be determined by the responsible person in accordance with the risk assessment of the individual activities carried out by the electrotechnician, namely the local operational safety regulation (4). For persons with no electrical experience, the local safety safety safety regulation shall provide for the supervision of persons with experience of at least 2 years for at least 1 year.
(3) The examination of knowledge provided for in Section 9 shall be carried out by a three-member examination committee, the chairman of which shall be competent to carry out the revisions provided for in Section 11 of the Act. The verification of the test knowledge provided for in Section 9 for work on the electricity installation of the transmission system operator and distribution system operator of the electricity transfer licence holder and the electricity distribution licence holder may also be carried out by a three-member test committee, the chairman of which may be only the responsible person of the relevant electricity operator qualified by the minimum electrical engineering manager under this Regulation.
(4) The training and scope of the proficiency test for the performance of electrical activities corresponds to the scope of the required competence for the activities performed.
(5) The scope of the competence referred to in paragraph 4 is determined by:
(a) voltage range
1. up to 1 kV AC or 1,5 kV DC; or
2. without voltage limitation; and
(b) the type of device, if it is equipment in objects without explosion risk or explosion risk.
(6) The examination panel may limit the scope of the evidence of competence to the extent of the activities actually carried out.
(7) The responsible person shall be entitled, on the basis of the risks to particular electrical equipment activities, to provide that the professional qualifications referred to in Article 2 (b) may be replaced for the type of activity concerned; the person responsible shall issue a written document, in accordance with the model set out in Annex 1 to this Regulation, stating that he has established a professional qualification for the type of activity concerned and specifying precisely the scope of the activities which must not go beyond the scope of the activities of the relevant professional qualification. In this case, the scope of the proficiency test for the performance of electrical activities and the evidence of the successful passing of the proficiency test for the performance of electrical activities shall be limited to activities up to 1 kV AC or 1,5 kV DC in objects without explosion risk. The document issued limits the scope of the activities and is valid only for the activities of the relevant legal person or the undertaking natural person.
(8) Persons who, for a further set of activities, are considered to be electrical equipment as referred to in paragraph 1, even though they do not meet the requirements laid down for professional qualifications in electrical engineering activities for persons of expertise, are:
(a) staff of scientific, research and development institutes who have a university education, have passed examinations of electrical engineering, electronics or physics, or have passed a final examination of electrical engineering or nuclear physics at a secondary vocational school, and who carry out experimental work at defined scientific, research or development centres, provided that they have passed a proficiency test to perform electrical activities in the range of activities performed after training; and
(b) teachers who use on-line electrical equipment in school teaching, provided that they have been trained in the use of the equipment and their knowledge of the laws and regulations to ensure safety and health at work4) related to their activities have been verified to the extent set out in Section 9.
Head of electrical engineering
(1) Only a person with a professional qualification as referred to in Article 2 (a) may be a leading electrical technician, fulfils the minimum professional experience requirement referred to in paragraph 2 and has passed a proficiency test to perform electrical activities within the specified scope after training. The head of an electrical technician may carry out any activities which may be carried out by an electrical technician, the management of activities, the management of operations and the design of dedicated electrical equipment which is not subject to authorisation under another legislature5).
(2) The minimum duration of the required professional experience on electrical equipment, according to their size and type, for the performance of the management of the electrical engineering shall be:
(a) 2 years for a range designated by other legislation6) as E2A and E3A;
(b) 3 years for a range designated by other legislation6) as E1A, E2B and E3b; and
(c) 4 years for a range designated by other legislation6) as E1B.
(3) From the minimum professional experience provided for in paragraph 2, experience shall be completed on electrical equipment of the type concerned and voltage of at least 1 year. For the purposes of this Regulation, the scope of the proficiency test for the performance of electrical equipment activities shall be determined in accordance with the scope of the authorisation referred to in Annex 3 to the Government Decree on reserved technical electrical equipment and the requirements to ensure their safety.
(4) The examination of knowledge provided for in Section 9 shall be carried out by a three-member examination committee, the chairman of which shall be competent to carry out the revisions provided for in Section 11 of the Act. The verification of the test knowledge set out in Section 9 for the power plant work of the transmission system operator and distribution system operator of the electricity licence holder and the electricity distribution licence holder may be carried out by a three-member test committee, the chairman of which may be only the responsible person of the relevant electrical plant operator qualified as at least the head of the electrical plant under this Regulation, and the next member of the commission shall be the person qualified as at least the head of the electrical plant under this Regulation.
(5) The training and scope of the proficiency test for the performance of electrical activities must correspond to the scope of the required competence.
(6) The scope of the competence referred to in paragraph 5 is determined by:
(a) voltage range
1. up to 1 kV AC or 1,5 kV DC; or
2. without voltage limitation; and
(b) the type of device, if it is equipment in objects without explosion risk or explosion risk.
(7) The examination panel may limit the scope of the evidence of competence to the extent of the activities actually carried out.
(8) Graduates of the Faculty of Science of the University of Physics, who work as assistants in laboratories of all grades and do not meet the requirements for professional qualifications for persons of knowledge, are considered to be head of electrical engineering in their workplaces, provided that they have passed, after training, an examination of their competence to perform electrical engineering activities within the scope of the activities performed.
Revision technician
(1) Only a person who has the legal competence to carry out a valid certificate for the revision of electrical equipment may be a Revision Technician, a person who is competent under § 7 and fulfils the minimum professional experience requirement under paragraph 2.
(2) The minimum duration of the required professional experience on electrical equipment, according to their size and type, to carry out the activities of the revision technician is:
(a) 4 years for a range designated by other legislation6) as E1A and E2A;
(b) 2 years for a range designated by other legislation6) as E3A;
(c) for a range designated by other legislation6) as E1B and E2B 4 years for Species A and 1 year for Species B,
(d) for a range designated by another legislation6) as E3B 2 years for Species A and 1 year for Species B.
Training and proficiency test for electrical engineering activities
(1) Training and proficiency tests for electrical engineering activities are the subject of:
(a) knowledge of the obligations arising from the laws, regulations and other provisions to ensure safety and health at work4) related to the operation on the electrical equipment of the species concerned and the voltage to be exercised and, where appropriate, managed by the candidate;
(b) theoretical and practical knowledge of the provision of first aid, in particular in electrical accidents;
(c) the working and technological procedures, operational and safety instructions, sources and causes of the risks associated with the operation on the electrical equipment of the type concerned and the voltage to be exercised and, where appropriate, managed by the tested person; and
(d) other essential facts and information affecting the safety of work and operation in electrical equipment activities.
(2) The proficiency test for electrical engineering activities consists of two parts, namely:
(a) a written test on at least 10 issues, within the scope of paragraph 1 (a) and (b); and
(b) an oral interview aimed at the result of the test, any errors made in the test, questions aimed at the scope and orientation of the test person, and questions concerning the procedures and instructions and other essential facts and information referred to in points (c) and (d) of paragraph 1.
(3) A person who successfully passes the test referred to in paragraph 2 shall receive proof of successful passing of the proficiency test for the performance of electrical engineering activities, the model of which is set out in Annex 2 to this Regulation.
(4) President of the Commission
(a) prepare, maintain and evaluate the test referred to in paragraph 2;
(b) draw up a report on the test referred to in paragraph 2 containing information on the course and content of the test, the evaluation of the test and the signatures of all members of the test committee and of the test person; the model of the Protocol is set out in Annex 3 to this Regulation,
(c) ensure the maintenance of a test report of competence to perform electrical engineering activities for a minimum period of 6 years and for a maximum period of 7 years for a legal person or an undertaking natural person with whom the test is composed; and
(d) issue on behalf of a legal person or an undertaking of a natural person to whom the examination is made, evidence of the successful passing of an examination of the competence to perform electrical engineering activities.
(5) Before the start of the proficiency test for electrical engineering activities referred to in paragraph 2, the applicant shall submit to the President of the Commission evidence proving:
(a) professional or professional qualifications, to the extent specified for the degree of competence in question, if the document is required for that degree of competence, in the original or officially certified copy;
(b) the length of the experience which shall be demonstrated by the confirmation of the employer or by the declaration of honour of the test person, at least at the length specified for the degree of competence in question, provided that such evidence is required for that degree of competence; and
(c) the fact that the professional qualifications meet the requirements for electrical education laid down in this Regulation, in the event that it is not clear from the document submitted proving the professional qualifications that they are electrical qualifications; the document referred to in this point may be issued by a school which has issued evidence of professional qualifications or by the Ministry of Youth and Sports Education under another legislation (7).
(6) Training and examination of competence to perform electrical engineering activities to the extent specified in paragraph 1 (a). (c) it may be replaced by a certificate issued by the responsible person of the relevant legal person or by an undertaking natural person proving that the person concerned has undergone such training resulting in the verification of knowledge at regular intervals provided for by the internal rules of the legal person or the undertaking natural person concerned. The model of this certificate is set out in Annex 4 to this Regulation.
Transitional provision
Certificates of competence in electrical engineering issued before the date of entry into force of this Regulation shall be considered as evidence of competence under this Regulation;
(a) an expert and an expert for a separate activity shall be regarded as an electrical engineer under this Regulation; and
(b) a worker for the management of an activity, for the management of an activity carried out in a supplier's way and for the management of operations shall be deemed to be the head of an electrical engineer under this Regulation.
Efficacy
This Regulation shall enter into force on 1 July 2022.
Prime Minister:
Prof. PhDr. Fiala, Ph.D., LL.M., v. r.
Deputy Prime Minister and Minister for Labour and Social Affairs:
Ing. Jurečka v. r.
Příloha č. 1
Annex No. 1 to Decree No. 194 / 2022 Coll.
Model of certificate to the extent provided for in Section 6 (7) of Decree No. 194 / 2022 Coll., on requirements for competence to perform electrical equipment activities and for competence in electrical engineering
Příloha č. 2
Annex No 2 to Decree No. 194 / 2022 Coll.
Model of evidence of passing a proficiency test to perform electrical engineering activities
Příloha č. 3
Annex No. 3 to Decree No. 194 / 2022 Coll.
Model of the test report on competence to perform electrical engineering activities
Příloha č. 4
Annex No. 4 to Decree No. 194 / 2022 Coll.
Model of certificate of completion of training to the extent provided for in Section 9 (6) of Decree No. 194 / 2022 Coll., on requirements for competence to perform on electrical equipment and for competence in electrical engineering
1) Directive 2009 / 104 / EC of the European Parliament and of the Council of 16 September 2009 on minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16 (1) of Directive 89 / 391 / EEC).
2) Article 4 of Act No. 179 / 2006 Coll., on the verification and recognition of the results of continuing education and on the amendment of certain laws (Act on the Recognition of the Results of Continuing Education), as amended. § 1 (2) of Act No. 179 / 2006 Coll., as amended.
3) Article 5 of Act No. 179 / 2006 Coll., as amended.
4) Paragraph 349 (1) of the Labour Code.
5) Act No. 360 / 1992 Coll., on the pursuit of the profession of authorized architects and the pursuit of the profession of authorized engineers and technicians active in construction, as amended.
6) Annex 3 to Government Decree No. 190 / 2022 Coll., on reserved technical electrical equipment and safety requirements.
7) Act No. 561 / 2004 Coll., on pre-school, primary, secondary, higher vocational and other education (Education Act), as amended. Act No. 111 / 1998 Coll., on higher education institutions and amending and supplementing other laws (Act on higher education), as amended.
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Regulation Information
| Citation | Government Decree No 194 / 2022 Coll., on the requirements for professional competence to perform on electrical equipment and for competence in electrical engineering |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2022 |
|---|---|
| Effective from | 01.07.2022 |
| Effective until | - |
| Status | Valid |
Public Contracts 5
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