Act No. 253 / 2005 Coll.
Law amending certain laws in connection with the adoption of the Labour Inspection Act
Valid
Law
Effective from 01.07.2005
253
THE LAW
of 3 May 2005
amending certain laws in connection with the adoption of the Labour Inspection Act
Parliament has decided on this law of the Czech Republic:
Amendment to the Employment Act
Act No. 435 / 2004 Coll., on Employment, as amended by Act No. 168 / 2005 Coll. and Act No. 202 / 2005 Coll., is amended as follows:
1. In Paragraph 125, "4 'is replaced by" 3';
2. in Article 126 (1) (a), the words "with the exception of working conditions resulting from legislation to ensure safety and health at work60)," including footnote 60, are deleted;
3. Paragraph 126 (2) is deleted.
Paragraphs 3 to 5 shall be renumbered paragraphs 2 to 4.
4. Paragraph 127, including footnote 62, reads as follows:
For the purposes of this Act, employment legislation and legislation on the protection of workers in insolvency of employers (62) shall be regarded as labour legislation.
62) For example, Act No. 118 / 2000 Coll., on the Protection of Employees in the Insolvency of Employers and on the Amendment of Certain Acts, as amended by Act No. 436 / 2004 Coll. '.
5. In § 130, the sentence "The service pass is issued and withdrawn by the Ministry is added at the end. '
6. in Article 139 (1) (a), the words "or other labour law" shall be deleted;
7. Paragraph 139 (1) (c) is deleted.
Points (d) and (e) shall be renumbered (c) and (d).
8. in Article 139 (2), point (a) is deleted;
Points (b) to (d) shall be renumbered as points (a) to (c).
9. in Article 139 (2) (a), the words "do not adapt the working conditions and working environment of the employment of disabled persons," shall be deleted;
10. Paragraph 139 (5) is deleted.
Paragraph 6 shall become paragraph 5.
11. in Paragraph 139 (5):
"(5) For an offence
(a) pursuant to paragraph 1 (a) and paragraph 2 (a) and (b), a fine of CZK 1 000 000 may be imposed;
(b) according to paragraph 1 (b) and (c), a fine of up to CZK 2 000 000 may be imposed;
(c) according to paragraph 1 (d), a fine of up to CZK 5,000 may be imposed,
(d) according to paragraph 2 (c), a fine of up to 500 000 CZK may be imposed,
(e) according to paragraphs 3 and 4, a fine of up to CZK 10,000 may be imposed. "
12. in Paragraph 140 (1) (a), the words "or other labour law" shall be deleted;
13. in Article 140 (1), the word "or" shall be added at the end of point (c).
14. in Paragraph 140 (1), point (d) is deleted;
Point (e) shall be renumbered as point (d).
15. in Article 140 (2), point (a) is deleted;
Points (b) to (d) shall be renumbered as points (a) to (c).
16. in Paragraph 140 (2) (a), the words "do not adapt the working conditions and working environment of the employment of disabled persons," shall be deleted;
17. in Paragraph 140 (3):
"(3) For an administrative offence, a fine may be imposed on a legal person until:
(a) 1 000 000 CZK if it is an administrative offence under paragraph 1 (a) and paragraph 2 (a) and (b),
(b) CZK 2 000 000, if it is an administrative offence under paragraph 1 (b), (c) and (d),
(c) 500 000 CZK if it is an administrative offence referred to in paragraph 2 (c). "
Amendment of the Major Accident Prevention Act
Act No. 353 / 1999 Coll., on the prevention of major accidents caused by selected hazardous chemicals and chemical products and amending Act No. 425 / 1990 Coll., on District Offices, the modification of their responsibilities and certain other measures related thereto, as amended, (Act on the Prevention of Major Accidents), as amended by Act No. 258 / 2000 Coll., Act No. 320 / 2002 Coll. and Act No. 82 / 2004 Coll., is amended as follows:
1. in Article 16 (f):
"(f) the administrative offices of the labour inspection,"
2. In Article 21, the words "professional occupational safety oversight and technical equipment 'are replaced by the words" labour inspection'.
3. In footnote 18, the words "Act No. 174 / 1968 Coll., on State Professional Labour Safety Supervision, as amended 'are replaced by the words" Act No. 251 / 2005 Coll., on Labour Inspection'.
4. In Article 22 (4) and (5), the words "professional occupational safety oversight and technical equipment 'are replaced by the words" labour inspection'.
Amendment to the Public Health Protection Act
Act No. 258 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 86 / 2002 Coll., Act No. 120 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 356 / 2003 Coll., Act No. 362 / 2003 Coll., Act No. 167 / 2004 Coll., Act No. 326 / 2004 Coll., Act No. 562 / 2004 Coll. and Act No. 125 / 2005 Coll., is amended as follows:
1. In Paragraph 4 (1), the words ", the holder of a laboratory's good laboratory's certificate of accreditation (4c) 'shall be added after the words" to ensure that the holder of an accreditation certificate (4a)'.
Footnote 4c reads:
"(4c) § 7 (1) (b) of Decree No 293 / 2002 Coll., on charges for discharges of waste water into surface waters."
2. in Article 6 (3) (b), the words "the holder of a certificate of accreditation (4a)," shall be added after the words "to ensure that the holder of an accreditation certificate (4c)";
3. in Paragraph 89 (1) (g), including footnote 53:
"(g) to the authority inspection of work53) in connection with an accident at work;
53) Act No. 251 / 2005 Coll., on Labour Inspection. '.
Amendment of the Road Transport Act
Paragraph 37 of Act No. 111 / 1994 Coll., on Road Transport, as amended by Act No. 304 / 1997 Coll., paragraph 2, including footnote 9, reads:
"(2) The Labour Inspection Authority shall check compliance with the conditions laid down in this Act where they relate to the safety of work9).
9) Act No. 251 / 2005 Coll., on Labour Inspection. '
Amendment of the Trade Act
In Article 3 of Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended by Act No. 286 / 1995 Coll., paragraph 3 (n), including footnote 22b, the following text is added:
"(n) the performance of the inspection of work22b),
22b) Act No. 251 / 2005 Coll., on Labour Inspection. '.
Amendment to the Public Health Insurance Act
In Article 55 (4) of Act No. 48 / 1997 Coll., on Public Health Insurance and on the amendment and addition of certain related laws, the words "are the authorities of the State of Professional Labour Safety Supervision and Technical Equipment 'are replaced by the words" is the body of the Labour Inspection'.
Amendment of the Act on the Armed Forces of the Czech Republic
In Article 7 (1) of Act No. 219 / 1999 Coll., on the armed forces of the Czech Republic, point (d), including footnote 6, read:
"(d) carry out state expert supervision of designated technical installations and the safety of their operation. State professional supervision means:
1. surveillance of the safety of designated technical equipment;
2. surveillance of documentation and technology of designated technical equipment with regard to the safety of designated technical equipment;
3. issuing expert and binding opinions as to whether the safety requirements of the designated technical equipment are met when designing, constructing, manufacturing, assembly, operation, servicing, repair, maintenance and revision of the designated technical equipment;
4. verification of competence for the installation, repair, revision and testing of specified technical equipment;
5. examination of the competence of natural persons for activities on designated technical installations;
6. checking the capability of prototypes of designated technical equipment to operate.
The Act on Technical Requirements for Products does not therefore affect 6).
6) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended. '
Amendment of the Social Security Insurance Act and contribution to the State Employment Policy
Act No. 589 / 1992 Coll., Act No. 42 / 1994 Coll., Act No. 241 / 1994 Coll., Act No. 59 / 1995 Coll., Act No. 118 / 1995 Coll., Act No. 149 / 1995 Coll., Act No. 160 / 2002 Coll., Act No. 113 / 1997 Coll., Act No. 134 / 1997 Coll., Act No. 220 / 2000 Coll., Act No. 238 / 2000 Coll., Act No. 492 / 2000 Coll., Act No. 110 / 2000 Coll., Act No. 118 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 220 / 2000 Coll., Act No. 238 / 2000 Coll.
1. in Article 21 (1) (a), the words "competent" and the words "and health protection at work" shall be deleted and the words "professional safety oversight" shall be replaced by the words "labour inspection."
2. In Article 21 (1) (c), the words "competent 'and the words" and health protection at work' are deleted and the words "professional safety oversight 'are replaced by the words" labour inspection'.
Amendment of the Atomic Law
Act No. 18 / 1997 Coll., on the Peaceful Use of Nuclear Energy and Ionising Radiation (Atomic Act) and on the Amendment and Addition of Certain Acts, as amended by Act No. 83 / 1998 Coll., Act No. 71 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 13 / 2002 Coll., Act No. 310 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 279 / 2003 Coll., Act No. 186 / 2004 Coll. and Act No. 1 / 2005 Coll., is amended as follows:
1. the words "and technical" shall be inserted after the word "nuclear."
2. In the end of Paragraph 2, the dot is replaced by a comma and the following point (nn) is added:
"(nn) the technical safety of the selected installation in activities related to the use of nuclear energy does not jeopardise human health and property throughout its lifetime, and ensure continued compliance with the technical requirements contained in the implementing act or other mandatory technical specification for the selected installation."
3. in Article 3 (2) (a), the words "radiation protection and emergency preparedness" shall be replaced by the words "radiation protection, emergency preparedness and technical safety of selected equipment."
4. In Paragraph 3 (2) at the end, the dot is replaced by a comma and the following points (w) and (x) are added:
"(w) lays down technical requirements to ensure the technical safety of the selected equipment;
(x) in agreement with the administrative authority, checks the activities of persons authorised under the special legislature2a).
2a) Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, as amended. '
5. the following Sections 4a and 4b are inserted after Section 4, including the headings and footnotes No 2b:
Provision of technical security for selected equipment
(1) Anyone who manufactures selected equipment specially designed for nuclear installations must ensure that the conformity assessment of such equipment is carried out in the manner and to the extent specified by the implementing act; the implementing act lays down the method of identification and technical requirements for such equipment.
(2) The obligations referred to in paragraph 1 shall also apply to importers of selected installations specially designed for nuclear installations, except where the selected installations correspond in the State in which they were manufactured,
(a) the technical regulations applicable to nuclear installations which are binding on the production of such installations;
(b) technical standards or good practice rules intended for nuclear installations which are issued by a national standardisation body or body equivalent to that established by it;
(c) international technical standards for nuclear installations lawfully used in that State; or
(d) production processes used in accordance with their legislation for nuclear installations for which there is sufficient detailed technical documentation to ensure that such equipment can be assessed for the purpose of use, if necessary on the basis of additional testing of the equipment;
if such technical regulations, technical standards, good practice rules or procedures guarantee a level of protection of legitimate interest corresponding to that of the Czech Republic.
Conformity assessment
(1) Selected equipment specially designed for nuclear installations can only be used in nuclear energy after their assessment by a legal person entrusted with this task in accordance with the procedure laid down in the Special Legislation Regulation (2b) (hereinafter referred to as the "authorised person"). The authorised person shall carry out an assessment of the conformity of these devices with the technical requirements in accordance with the procedures laid down in the implementing legislation.
(2) The costs associated with the activities of an authorised person in conformity assessment shall be borne by those who have applied for such activities.
(3) Where the conformity assessment activities of selected equipment with technical requirements are not ensured by an authorised person, the Office shall ensure that its tasks are carried out.
2b) § 11 of Act No. 22 / 1997 Coll., as amended. '
6. In Article 17 (1) at the end, the dot is replaced by a comma and the following point (m) is added:
"(m) to ensure the technical safety of selected equipment in operation in accordance with the implementing legislation.";
7. In Paragraph 39 (4), the words "and technical requirements for the technical safety of selected equipment 'shall be added at the end of the text in point (b).
8. In Paragraph 39 (4) (c), the words "a 'are replaced by a comma after the words" physical protection' and the words "and technical safety of selected installations' are added at the end of the text.
9. In Article 47 (7), the words "4a, 4b 'shall be inserted after the words" 4'.
Transitional provisions
1. State expert supervision of the safety of reserved technical equipment relating to technical installations in nuclear energy initiated prior to the date of entry into force of this Act pursuant to Act No. 174 / 1968 Coll., on State expert supervision of safety at work, as amended, by the organisation of state professional supervision, will be completed by the State Office of Nuclear Safety.
2. Organisations carrying out state expert surveillance on the safety of reserved technical installations in nuclear energy shall transmit the documentation relating to the authorisations and certificates referred to in point 1 to the State Nuclear Safety Authority within 1 month of the entry into force of this Act.
Amendment of the Act on the service relationship of members of the Security Corps
In Section 86 of Act No. 361 / 2003 Coll., on the service relationship of members of the Security Corps, paragraph 3 reads as follows:
"(3) Supervision of safety in the performance of the service of members
a) Police of the Czech Republic, the Fire Department of the Czech Republic, the Security Information Services and the Office of Foreign Relations and Information Ministry,
b) Customs Administration of the Czech Republic Ministry of Finance,
c) Prison services of the Czech Republic Ministry of Justice. '
Amendment to the Act on the amendment of the laws related to the adoption of the Act on the service relationship of members of the Security Corps
In Act No. 362 / 2003 Coll., on the amendment of laws related to the adoption of the Act on the Service Ratio of Members of the Security Corps, as amended by Act No. 186 / 2004 Coll., Act No. 281 / 2004 Coll., Act No. 359 / 2004 Coll. and Act No. 626 / 2004 Coll., the 14th part is deleted.
EFFECTIVE
This Law shall take effect on 1 July 2005.
Zaoralek v. r.
Paroubek v. r.
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Regulation Information
| Citation | Act No. 253 / 2005 Coll., amending certain laws in connection with the adoption of the Labour Inspection Act |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.06.2005 |
|---|---|
| Effective from | 01.07.2005 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Security
Health and safety at work
Customs law
Social security benefits
Transport
Finance
Economic (State)
Civil law
Civil law substantive
Commercial law
Commercial liabilities
State Defence
Labour law
Social security law
Industrial rights
Self-administration
Governance of the national economic sectors
Administrative authorities
Administrative law
State (official) control
Government
Water, Water management
Old age insurance, Old age pension
Diseases, Sickness benefits
Unemployment security
Health
Business
The regulation text is for informational purposes only.
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