Act No. 250 / 2021 Coll.
Law on Safety of Labour in connection with the operation of reserved technical installations and on the amendment of related laws
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Law
Effective from 01.07.2022
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250
THE LAW
of 9 June 2021
on the safety of work in connection with the operation of dedicated technical installations and the amendment of related laws
Parliament has decided on this law of the Czech Republic:
SAFETY OF THE OPERATIONS OF RESERVED TECHNICAL DEVICES
Subject matter
(1) This law implements the relevant provisions of the European Union1), and provides for
(a) safety requirements for the operation of dedicated technical equipment and health protection at work throughout the period of use of dedicated technical equipment; In the case of specified types of technical equipment already operated, it shall also lay down requirements for their installation and entry into service;
(b) the performance of the public administration on the area of safety of the operation of dedicated technical installations;
(c) the rights and obligations of persons carrying out, or operating, the service, installation, maintenance, inspection, revision, repair, filling or filling of gas vessels for dedicated technical installations;
(d) the preconditions and manner of verification of the professional competence of persons for activities on dedicated technical installations and the conditions and manner of verification of competence for the performance of the activities of persons operating and working on non-voltage electrical equipment, in the vicinity of electrical equipment under voltage and electrical equipment under voltage.
(2) This law does not apply to:
(a) conformity assessment of products before they are placed on the market or put into service where the requirements for their verification are laid down in another legislation (m2);
(b) activities, workplaces and technical installations subject to supervision by a public authority under other legislation.
Definition of terms
For the purposes of this Act:
(a) dedicated technical equipment for pressure, lifting, electrical or gas equipment which, when operating by its nature or accumulated energy, due to incorrect use, the occurrence of operational risks causing dangerous situations or non-compliance with safe operation conditions, poses a serious risk to the life, health and safety of natural persons;
(b) by a technician qualified by a natural person authorised to review and test dedicated technical equipment with a certificate of professional competence issued under this law for this activity;
(c) a revision of the operational and technical safety assessment of the dedicated technical equipment put into service or already operated, in which the inspection, test or measurement of the equipment complies with the legal and other rules for ensuring safety and health at work3), and, where appropriate, an assessment of the technical documentation and professional competence of the operator;
(d) the assembly of an activity in which the individual components are connected in a technological unit, part thereof or part thereof is associated with a fixed or movable component; assembly means dismantling and reassembly,
(e) repair of the operation of a dedicated technical installation which removes its fault condition or wear, which may replace, dismantle and re-install functional parts in order to restore its applicable condition without altering the essential technical or safety parameters of the installation;
(f) maintenance of an activity carried out on a dedicated technical installation or parts thereof in order to ensure the safe and operational condition of that installation, unless it is a repair or installation of a dedicated technical installation;
(g) accompanying documentation a set of documents, supplied by the manufacturer or supplier of the reserved technical equipment, in the Czech language, which must be available throughout the period of operation of the equipment;
(h) operational documentation a set of documents containing records of checks, tests and revisions, local operating rules, operating log, operator qualification documents, repair and maintenance records, timetables, records of activities carried out on a dedicated technical installation and other specific documents arising from the operation of that dedicated technical installation to the extent required by the legislation and other regulations to ensure safety and health at work3);
(i) the reconstruction of the replacement of the existing non-compliant part of the already operated reserved technical equipment by a new or more modern part of the equipment, and the basic technical or safety parameters of the equipment will be changed, as a rule, according to the technical documentation.
Reserved technical equipment
(1) Reserved technical equipment shall be classified in classes, groups and sub-groups according to the level of risk they give in their operations.
(2) Excluded technical installations with the highest level of risk are classified in Class I; dedicated gas installations are classified in groups according to their basic technological function.
(3) The increased level of risk of dedicated technical equipment is determined by the degree of risk to the life, health and safety of natural persons when operating such equipment.
(4) The basic technological function of the dedicated technical installation shall be determined according to the purpose of its use, taking into account the level of risk of the dedicated technical installation, depending on its physical and technical characteristics, the severity of the possible consequences of an accident for the life, health and safety of individuals or the number of individuals at risk.
(5) The state of the reserved technical installations shall be assessed in the course of their inspection, testing or revision, pending their reconstruction, in accordance with the legal and other regulations to ensure safety and health at work3) in force and effective at the time of entry into service.
Performance of state administration
The Ministry of Labour and Social Affairs (hereinafter referred to as "the Ministry '), the State Office of Labour Inspection and Regional Labour Inspectorate, is responsible for the security of the operation of dedicated technical facilities.
(1) In order to carry out tasks in the field of safety of the operation of dedicated technical installations under this Act and the legislation issued for its implementation, the Ministry may set up a state contribution organisation (hereinafter referred to as the "entrusted organisation"). The Ministry shall issue the instrument of establishment of the designated organisation. The instrument shall contain the following particulars:
(a) the name, registered office and identification number of the organisation responsible;
(b) the definition of the purpose for which the designated organisation is established;
(c) the subject matter of the main activity or other activity, where appropriate;
(d) the designation of the statutory authority and the definition of the basic organisational structure of the delegated organisation;
(e) the definition of the assets of the Czech Republic, which the Ministry entrusts to the entrusted organisation when it is established.
(2) The Ministry is the management body of the entrusted organisation.
(3) The statutory body of the entrusted organisation shall appoint and dismiss the Minister of Labour and Social Affairs.
(4) The Ministry may decide to abolish the entrusted organisation. The decision shall specify the date of its demise and shall at the same time determine the means of settling the rights and obligations exercised by the designated organisation; If they do not, the rights and obligations of the designated organisation shall be transferred to the Ministry. The termination of the entrusted organisation shall be notified by the Ministry in the Central Journal of the Czech Republic within 30 days of the date on which this event occurred.
Authorised organisation
(1) An organisation responsible for the safety of the operation of dedicated technical installations
(a) provide, upon request, expert opinions on whether, when designing, constructing, assembly, operation, operation, operation, repair, maintenance and revision of dedicated technical equipment, the safety requirements of the dedicated technical equipment are met;
(b) carry out, or participate in, examinations for dedicated technical installations of Class I, or issue certificates on the basis of which such equipment complies with the requirements of the legislation and other regulations to ensure safety and health at work3 and confirms the successful results of the tests; in the case of dedicated pressure equipment after repair, steam and liquid boilers with a working or maximum permissible pressure of 16 bar and higher and pressure vessels with a working or maximum permissible pressure of 25 bar and above, carry out inspections and tests or take part in tests on dedicated technical equipment, regardless of class classification;
(c) verify the professional competence of legal persons and business natural persons for the installation, repair, revision, testing of dedicated technical equipment and the filling of containers of gases, and give them an authorisation pursuant to Article 8;
(d) verify the competence of the natural person for the installation, repair, revision and testing of dedicated technical equipment and issue the certificate referred to in Article 11;
(e) verify the professional competence of the operator as a heater for steam and liquid boilers;
(f) keep records of legal persons and business natural persons certified in accordance with Article 8 and provide such information for the purposes of other bodies under other legislation and the public;
(g) keep a register of review technicians and provide such information to other authorities in accordance with other legislation and the public;
(h) conduct a training activity within the scope of § 1 (1) (a), (c) and (d) and issue proof of completion of such training.
(2) Staff of the entrusted organisation shall be obliged to maintain confidentiality regarding the facts which they have learned in connection with the exercise of their activities under this Act and not to use the information thus obtained. The obligation of confidentiality of the staff member of the entrusted organisation shall continue after the end of his employment relationship. Staff members of the entrusted organisation shall be exempt from this obligation only for reasons laid down by another law, or if the person concerned is given the consent. This obligation may be waived by the statutory body of the entrusted organisation in the public interest. This is without prejudice to the provisions of other laws on non-disclosure.
(3) The activities of the entrusted organisation are subject to a fee under this Act. In matters relating to the management of fees for professional activities of the entrusted organisation within its competence, the entrusted organisation shall be subordinate to the Ministry.
(4) If a delegated organisation is not established, the activities referred to in paragraph 1 shall be carried out by the Ministry.
Professional competence of legal persons and business natural persons for the assembly, repair, revision, testing of reserved technical equipment and filling of containers of gases
(1) The installation, repair, revision, testing of reserved technical installations and filling of containers of gases are only authorised by competent legal persons and undertakings. The legal person may carry out the activity referred to in the first sentence, provided that his performance is ensured by a competent natural person for the activity in question. This also applies to an undertaking natural person who itself does not meet the requirements of professional competence.
(2) Activities on dedicated technical installations as referred to in paragraph 1 may be carried out by legal persons and persons engaged in natural activities holding an authorisation pursuant to paragraphs 8 and 9.
Issue of installation, repair, revision, testing of dedicated technical equipment and filling of containers with gases
(1) An application for authorisation for the installation, repair, revision, testing of dedicated technical installations and the filling of containers of gases shall be submitted to the designated organisation; the application must be in writing. The application shall include the identification of the applicant and the scope of the authorisation requested. The application shall be accompanied by evidence of compliance with all the conditions for determining whether the applicant is competent for the required range of activities on dedicated technical installations.
(2) The condition for the issue of approval for the installation, repair, revision, testing of reserved technical equipment and filling of containers of gases is:
(a) identification of one or more natural persons who fulfil the conditions of competence for the required range of activities on dedicated technical facilities (4) and who will be responsible for the proper performance of the installation, repair, revision, testing of reserved technical equipment and filling of vessels with gases in the applicant (hereinafter referred to as the responsible professional person);
(b) ensuring the performance of individual activities in the assembly, repair, revision, testing of dedicated technical equipment and filling of containers by a qualified person;
(c) the necessary technical equipment for the installation, repair, revision and testing of dedicated technical installations and the filling of gas containers.
(3) The designated organisation shall check that the conditions for proper operation to the extent required under paragraph 2 are met.
(4) Where the applicant complies with the conditions for the proper performance of the activity to the extent required, the designated organisation shall decide to grant an authorisation to the legal person or the undertaking natural person. The validity of the authorisation shall be 10 years from the date on which the decision to issue the authorisation becomes final.
(5) A legal person and an undertaking natural person who has been authorised to install, repair, revise, test or fill reserved technical equipment or to fill vessels of gases shall be required to notify the responsible organisation of changes to the data entered in the register of competent persons in accordance with Article 10 without undue delay, no later than 15 days after their establishment; those persons shall also be obliged to notify the entrusted organisation of all facts and changes related to the fulfilment of the conditions of the authorisation.
(6) If the information contained in the authorisation is changed, a new decision shall be taken by the designated organisation.
Approval for assembly, repair, revision, testing of dedicated technical equipment and filling of containers with gases
(1) The elements of the authorisation decision referred to in Article 8 are:
(a) the name, if any, the names and surnames of the professional person responsible pursuant to Article 8 (2) (a), his residence or place of permanent residence and the date of birth;
(b) the activities for which the authorisation is issued, their scope and the conditions for the organisation of the technical performance;
(c) the period of validity of the authorisation.
(2) the authorisation is terminated on a date,
(a) where the holder of the authorisation notifies the authorised organisation that he has ceased any activity within the scope of the approval for the installation, repair, revision, testing of reserved technical equipment or filling of containers of gases;
(b) when the holder of the authorisation ceases to exist or, where appropriate, the natural person in business dies or is declared dead if the business continues;
(c) when the trade licence is revoked for any activity within the scope of the authorisation for assembly, repair, revision, testing of reserved technical equipment or filling of containers of gases;
(d) on which the authorisation expires; or
(e) when the decision to withdraw the authorisation becomes final.
The date of expiry of the authorisation, as well as the fact that the authorisation under another legislature has been withdrawn or restricted (5), including the date on which the withdrawal took place, the designated organisation shall immediately indicate in the register the professional legal persons and business natural persons to be assembled, corrected, revised, tested, reserved technical equipment and the filling of containers of gases.
Registration of professional legal persons and business natural persons for the assembly, repair, revision, testing of dedicated technical equipment and filling of containers of gases
(1) The delegated organisation shall keep records of professional legal persons and business natural persons for the assembly, repair, revision, testing of dedicated technical equipment and the filling of gas containers, the purpose of which is to maintain data on the number and expertise of legal persons and business natural persons authorised to install, repair, revision, testing of dedicated technical equipment and the filling of gas containers and to provide this information free of charge to other bodies under other legislation and the public. This register is a public administration information system. The manager and the registry operator shall be the designated organisation.
(2) The following information shall be entered in the register of competent legal persons and business natural persons for the assembly, repair, revision, testing of dedicated technical equipment and filling of containers of gases:
(a) the name and, where appropriate, the names of the natural person or the name of the legal person;
(b) the identification number, if any,
(c) the registered office of the entrepreneur;
(d) the name and, where applicable, the names of the professional person responsible pursuant to Article 8 (2) (a);
(e) the registration number, activity and scope of the authorisation with the date of its expiry.
(3) The information referred to in paragraph 2 is publicly available in a way that allows remote access to the entrusted organisation; data shall be kept in the register of professional legal persons and business natural persons for the installation, repair, revision, testing of reserved technical equipment and filling of containers for gases for the period of validity of the authorisation provided for in Section 8 (4). Upon expiry of the authorisation, the designated organisation shall keep the registered data in a non-public register for a period of 20 years.
(4) The designated organisation in the register of professional legal persons and business natural persons for the assembly, repair, revision, testing of reserved technical equipment and the filling of containers of gases shall immediately indicate changes to the data notified pursuant to Article 8 (5).
Professional competence of natural persons for activities on dedicated technical installations
(1) The precondition for the professional competence of a natural person conducting revisions and tests of dedicated technical equipment, assembly, repair of dedicated gas equipment or operation of dedicated pressure equipment - steam and liquid boilers is:
(a) reaching the age of 18 and full of competence;
(b) medical fitness for the activities carried out;
(c) professional training in the field and in the degree of risk and activity carried out on a dedicated technical establishment;
(d) professional experience in the length, field and degree of education, depending on the level of risk and the activity carried out on a dedicated technical establishment;
(e) certificates of competence for activities on dedicated technical installations, where they carry out revisions and tests of dedicated technical equipment, assembly, repairs of dedicated gas equipment or servicing of dedicated pressure equipment - steam and liquid boilers.
(2) An applicant for a proficiency test for activities in dedicated technical installations (hereinafter referred to as the "proficiency test") may be a natural person meeting the conditions of competence referred to in points (a) to (d) of paragraph 1 and the requirements laid down for each type of dedicated technical establishment on which he will carry out his activities. Compliance with the assumptions in the first sentence shall be verified by the organisation responsible for the type and scope of the required certificate before the start of the proficiency test.
(3) A certificate of professional competence for activities on dedicated technical installations shall be issued on the basis of a successful examination of the competence for activities on dedicated technical installations by an examination of the organisation responsible. The validity of the certificate of competence for activities on dedicated technical installations shall be 5 years from the date of its award.
(4) The formalities for certificates of competence for activities on dedicated technical installations are:
(a) the name and, where appropriate, the names and surnames of the natural person;
(b) the identification number of the natural person, if any;
(c) the address of the residence or place of permanent residence;
(d) the registration number of the certificate and the extent of competence for activities on dedicated technical installations;
(e) the date of successful completion of the proficiency test;
(f) the period of validity of the certificate.
(5) The expiry of the certificate of competence for activities on dedicated technical installations shall also take place on a date,
(a) where the holder of the certificate notifies the designated organisation that he has ceased operations within the scope of the certificate for the revisions and tests of the reserved technical equipment, the assembly, repair of the reserved gas equipment or the operation of the reserved pressure equipment - steam and liquid boilers;
(b) where the holder of the certificate dies or is declared dead;
(c) on which the certificate expires; or
(d) when the decision to withdraw the certificate becomes final.
The date of expiry of the certificate, as well as the fact that the certificate has been withdrawn under another legislation (5), shall be indicated immediately by the designated organisation in the register of review technicians.
(6) The competent natural person who has been certified in accordance with paragraph 3, or who has been recognised as a professional qualification in accordance with paragraph 7, shall notify the competent organisation of changes to the data entered in the records of review technicians in accordance with Article 18 without undue delay, no later than 15 days after their establishment.
(7) The recognition of professional qualifications 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 qualifications. The recognition authority is the Ministry. Before commencing temporary or occasional activities on the territory of the Czech Republic, a natural person who is entitled to carry on a 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 its professional qualifications verified6).
Proficiency test
(1) The proficiency test shall be carried out with the entrusted organisation no later than 30 days after the submission of the application for such examination and shall be public. The total test result according to the first sentence shall be assessed according to the degree passed or failed and shall be communicated to the applicant without undue delay after the proficiency test has been carried out.
(2) The proficiency test is carried out before a test committee of at least 3 members with competence for activities on dedicated technical installations within the scope of the required certificate, and the chairman of the panel is always the staff member of the designated organisation. Further conditions for the operation of the Examination Board shall be laid down in the Statute and Rules of Procedure of the entrusted organisation.
(3) The proficiency test shall consist of a written and oral part. The content and scope of the test according to the first sentence shall be determined according to the scope of the required certificate. The written part of the test shall be evaluated separately, either passed or failed, and at least 80% of the correct answers shall be met by the applicant. The oral part of the test may only be accepted if the written part of the test has been assessed by grade. In the oral part of the proficiency test, the applicant shall respond correctly to at least 80% of the questions asked.
(4) A certificate to the extent appropriate is granted to an applicant who has been approved in writing and in the oral part of the proficiency test. A report shall be drawn up on the course and outcome of this test, one copy of which shall belong to the applicant and one authorised organisation.
(5) If the applicant has failed to complete the proficiency test in the overall grade assessment, he / she may be re-submitted to the proficiency test, but not earlier than 15 days after the failure of the test. The number of repeat proficiency tests is not limited.
Subject matter and subject matter
(1) The fee shall include the professional activity of the entrusted organisation related to:
(a) by issuing an expert opinion under this Act on whether the requirements of the legislation and other regulations to ensure safety and health at work3 are met in the design, construction, assembly, operation, operation, service, repair, maintenance and revision of dedicated technical installations,
(b) carrying out inspections, management and evaluation of tests to certify that the reserved technical equipment and materials used to manufacture them comply with the requirements of the laws, regulations and other provisions to ensure safety and health at work3) and, where provided, with confirmation of successful test results under this law;
(c) by checking the professional competence of legal persons and business natural persons for the installation, repair, revision and testing of dedicated technical equipment and for the filling of gas containers under this law;
(d) by issuing an authorisation for the installation, repair, revision, testing of reserved technical equipment and filling of gas containers under this law;
(e) by changing the authorisation for the installation, repair, revision, testing of reserved technical equipment and filling of containers with gases in order to extend the scope of the authorisation under this Act;
(f) by changing the data in the approval for the installation, repair, revision, testing of reserved technical installations and filling of containers of gases under this law;
(g) by checking the competence of natural persons to test, revise, repair and install one type, class or group of reserved technical equipment under this law;
(h) by checking the competence of natural persons to test, revise, repair and install for one type, class or group of reserved technical equipment under this Act after a period of 5 years from the date of certification;
(i) by checking the competence of natural persons to test, revise, repair and install dedicated technical equipment for the other and each other of the other species, class or group of reserved technical equipment under this Act in order to extend the scope of the certificate or after a period of 5 years from the date of certification;
(j) by granting a certificate of professional competence of natural persons for testing, revisions, repairs and assembly of reserved technical equipment under this Act;
(k) by changing the data in the certificate of competence of natural persons for testing, revision, repair, assembly or service of reserved technical equipment under this Act;
(l) by examining the professional competence of natural persons to operate dedicated pressure equipment - boilers (hereinafter referred to as "boiler") and by granting a basic test certificate, including the relevant test supplementary to this Act, for the 1, 2, 3 and 4 class boilers and an additional test for another class of boilers,
(m) an additional test for fuel other than that specified in the certificate;
(n) by checking the professional competence of natural persons to operate boilers and by granting certificates under this Act after a period of five years from the date of issue of the certificate for the basic test, including the relevant supplementary test, for the 1st, 2nd, 3rd and 4th class boilers,
(o) issuing each page of a copy of an opinion, certificate or authorisation under this Act;
(p) carrying out training activities within the scope of Section 1 (1) (a), (c) and (d) and issuing a proof of completion of such training;
(q) issuing each page of the copy of the proof of completion of the training referred to in (p).
(2) The fee for the professional activity of the entrusted organisation shall be charged to the person requesting the professional activity of the entrusted organisation.
Fee rate
(1) In the case of a professional activity of a delegated organisation, the fee rate shall be:
(a) Paragraph 13 (1) (a)
1. the issue of an expert opinion under this Act on whether not more than CZK 2,500 is met in design, construction, assembly, operation, operation, operation, repair, maintenance and revision of dedicated technical equipment (3),
2. processing of the opinion according to point 1 not more than CZK 1,600 for each starting hour,
(b) Paragraph 13 (1) (b) shall not exceed CZK 1,600 for each starting hour;
(c) Paragraph 13 (1) (c) shall not exceed CZK 1,600 for each starting hour;
(d) Paragraph 13 (1) (d) shall not exceed CZK 3,800;
(e) Paragraph 13 (1) (e) shall not exceed 900 CZK;
(f) Paragraph 13 (1) (f) shall not exceed CZK 200;
(g) Paragraph 13 (1) (g) shall not exceed CZK 4,300;
(h) Paragraph 13 (1) (h) not more than CZK 2,000,
(i) Paragraph 13 (1) (i) shall not exceed CZK 1000;
(j) Paragraph 13 (1) (j) shall not exceed CZK 300;
k) § 13 (1) (k) maximum 200 CZK,
(l) Paragraph 13 (1) (l)
1. for 1st class boilers not more than CZK 5,700,
2. for 2nd class boilers not more than CZK 4,900,
3. for third class boilers not more than CZK 3,500,
4. for the 4th class boilers not more than CZK 2,500,
5. for another class of boilers for the supplementary test equal to the difference between the fees of each class of boilers referred to in points 1 to 4;
(m) Paragraph 13 (1) (m) not more than 900 CZK,
(n) Paragraph 13 (1) (n)
1. for 1st class boilers not more than CZK 2,300,
2. for the 2nd class boilers not more than CZK 1,900,
3. for third class boilers not more than CZK 1,400,
4. for the 4th class boilers not more than CZK 1,100,
(o) Paragraph 13 (1) (o) not more than CZK 200,
(p) Paragraph 13 (1) (p) not more than CZK 4 100,
q) § 13 (1) (q) maximum 200 CZK.
(2) Where more than one professional activity is required, the rate of charge shall be the sum of the relevant rates in accordance with Paragraph 13 (1).
Validity of the fee
The fee for the professional activity of the entrusted organisation referred to in Article 13 (1) shall be payable on the date of application of the requirement for the professional activity of the entrusted organisation.
Fees manager and budgetary determination of fees
(1) The management of fees for professional activities is carried out by the entrusted organisation.
(2) The fee for the professional activity of the entrusted organisation is the income of the entrusted organisation.
(3) The budget of the entrusted organisation is to be regarded as a public budget for the purposes of administering the professional fee.
Revision
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Regulation Information
| Citation | Act No. 250 / 2021 Coll., on the Safety of Labour in connection with the operation of reserved technical equipment and on the amendment of related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2021 |
|---|---|
| Effective from | 01.07.2022 |
| Effective until | - |
| Status | Valid |
Public Contracts 5
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Source:
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