Decree No. 238 / 2016 Coll.
Ordonnance establishing a list of activities prohibited by pregnant members, members until the end of the ninth month after birth and members breast-feeding
Valid
Order
Effective from 27.07.2016
Text versions:
27.07.2016
238
DECLARATION
of 20 July 2016
establishing a list of activities prohibited by pregnant members, members by the end of the ninth month following birth and members breast-feeding
In agreement with the Ministry of Finance, the Ministry of Justice, the intelligence services and the Ministry of Health, the Ministry of Interior provides, pursuant to Section 85 (4) of Act No. 361 / 2003 Coll., on the service ratio of members of the Security Corps:
This decree implements the relevant provisions of the European Union1) and, following the directly applicable regulation of the European Union2) regulates the activities and places of service which are prohibited from pregnant, dependent mothers until the end of the ninth month following childbirth and those who are breastfeeding.
(1) Activities are prohibited for pregnant members
(a) risks3), except:
1. activities classified under another legislation governing the classification of works4) as a risk factor for the mental burden according to the performance criterion at night;
2. the activities referred to in point (l) where the pregnant person can be shown immunity from the biological agent considered in the activity; and
3. the activities 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 hand-operated load exceeds 2000 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 pace (5),
(e) in which pregnant persons may be exposed (6);
(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 there is no harm to the health of a pregnant person or foetus;
(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 person 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 exposure to rubella virus, other biological agents of groups 2 to 45) classified as risk3), or toxoplasmosa agents, unless immunity to biological agents that come into consideration in a pregnant worker can be demonstrated.
(2) Activities are further prohibited for pregnant members
(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 members are prohibited from serving in places 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, the Director of the Safety Corps of exposure to chemicals or mixtures or biological agents of groups 2 to 4 may endanger their health or the health of the foetus.
The activities and places of service referred to in paragraph 1 shall be prohibited until the end of the ninth month following the birth.
(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) Breeding members shall be prohibited from activities and places of service:
(a) referred to in Articles 2 (1) (g), (j) and (k) and (2) (j);
(b) with chemicals or chemical mixtures harmful to the health of the infant 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) Breeding members shall also be prohibited from activities and places of service where, according to the assessment of health risks, the Director of the Safety Corps of exposure to chemicals or chemical mixtures may endanger their health or the health of infants.
They shall be deleted:
1. Decree No. 432 / 2004 Coll., establishing a list of activities prohibited by pregnant members, members of the nine months after birth and members who are breastfeeding.
2. Decree No. 658 / 2004 Coll., amending Decree No. 432 / 2004 Coll., establishing a list of activities prohibited by pregnant members, members until the end of the ninth month after birth and members breast-feeding.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Breeding v. r.
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 Directive 2007 / 30 / EC of the European Parliament and of the Council of 20 June 2007 and Directive 2014 / 27 / EU of the European Parliament and of the Council of 26 February 2014. 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 as amended.
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 classifying works into categories, the limit values for biological exposure test indicators, the conditions for the collection of biological material for carrying out biological exposure tests and the formalities for reporting work with asbestos and biological agents, as amended.
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.
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. 291 / 2015 Coll., on Health Protection against Non-Ionizing Radiation.
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Regulation Information
| Citation | Decree No. 238 / 2016 Coll., establishing a list of activities prohibited by pregnant members, members until the end of the ninth month after birth and members breast-feeding |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.07.2016 |
|---|---|
| Effective from | 27.07.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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