Act No. 267 / 2015 Coll.
Act amending Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended, and other related laws
Valid
Law
Effective from 01.12.2015
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267
THE LAW
of 16 September 2015
amending Act No. 258 / 2000 Coll., on the Protection of Public Health and amending certain related laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Public Health Protection Act
Act No. 125 / 2005 Coll.
1. At the end of footnote 1, the sentence "Commission Decision 2009 / 312 / EC of 2 April 2009 amending Decision 2000 / 96 / EC as regards specialised surveillance networks for communicable diseases' is added.
2. At the end of footnote 62, the following sentence is added:
"Regulation (EC) No 1907 / 2006 of the European Parliament and of the Council of 18 December 2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals, establishing a European Chemicals Agency, amending Directive 1999 / 45 / EC and repealing Council Regulation (EEC) No 793 / 93, Commission Regulation (EC) No 1488 / 94, Council Directive 76 / 769 / EEC and Commission Directives 91 / 155 / EEC, 93 / 105 / EC and 2000 / 21 / EC, as amended. 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. Commission Regulation (EU) No 10 / 2011 of 14 January 2011 on plastic materials and articles intended to come into contact with food. Commission Implementing Regulation (EU) No 321 / 2011 of 1 April 2011 amending Regulation (EU) No 10 / 2011 as regards restrictions on the use of bisphenol A in plastic infant bottles. Commission Regulation (EU) No 284 / 2011 of 22 March 2011 laying down special conditions and detailed procedures for the import of plastic kitchenware from polyamide and melamine originating in or consigned from the People's Republic of China and the Hong Kong Special Administrative Region of China. Commission Regulation (EC) No 282 / 2008 of 27 March 2008 on recycled plastic materials and articles intended to come into contact with food and amending Regulation (EC) No 2023 / 2006. Commission Regulation (EC) No 2023 / 2006 of 22 December 2006 on good manufacturing practice for materials and articles intended to come into contact with food. Commission Regulation (EC) No 1895 / 2005 of 18 November 2005 on restrictions on the use of certain epoxyderivatives in food contact materials and articles. Regulation (EC) No 765 / 2008 of the European Parliament and of the Council of 9 July 2008 laying down requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339 / 93. ';
3. In Article 1 (c), the word "areas' is replaced by" areas of public health protection and promotion ';
4. In the first sentence of Article 2 (2), the words "and aid 'are deleted.
5. In Article 2, the following paragraph 3 is inserted after paragraph 2:
"(3) Promoting public health is a summary of activities helping individuals to maintain and improve their health and to increase control over health factors. It includes activities to ensure social, economic and environmental conditions for the development of individual and public health, health and healthy lifestyle. ';
Paragraphs 3 to 8 shall be renumbered paragraphs 4 to 9.
6. In Article 2 (9), the words "partner (partner) under the Registered Partnership Act (hereinafter referred to as" partner ") 'shall be inserted after the words" guardian's care'; the words "children entrusted by the Court to the personal care of another natural person 'and the words" or mate (s)' shall be replaced by the words "partner (s) or partner ';
7. In the heading of Part One, Title II, Part 1, "preparations' is replaced by" substances, chemical mixtures'.
8. in Article 3 (2) (a), the words "owner and, if not operator," shall be deleted;
9. in Article 3 (2) (c), the words "owner or" shall be deleted;
10. In § 3 (4), third sentence, § 4 (4) (b), § 5 (5), introductory part of the provision, § 41a (3), third sentence and § 82 (2) (c), the word "proposal" is replaced by "application."
11. in Paragraph 3a (6):
"(6) The application referred to in paragraphs 1 and 3 shall contain the particulars referred to in points (a) to (e) of paragraph 7 and the assessment of the health risks referred to in Article 2 (4). No appeal may be brought against the rejection of the request for extension of the milder hygiene limit referred to in paragraph 3. ';
12. in Article 4 (1) (a), "paragraph 8" is replaced by "paragraph 9."
13. in Article 4 (2), the first sentence shall be deleted and in the last sentence the words "and the method of determining the sampling points for drinking water" shall be inserted after the words "data interface."
14. In the first sentence of Article 4 (3), "preparations," is replaced by "substances and chemical mixtures,"
15. in Article 4 (4) (a), the words "own initiative or, at the request of a person referred to in Article 3 (2)" shall be replaced by the words "power of official authority."
16. in Paragraph 4 (4) of the final part of the provision, the first sentence is deleted.
17. in Article 4 (6), the sentence "In addition to the procedural requirements laid down in the Administrative Rules, the quantity of water supplied per day, the number of inhabitants supplied, the sampling point at which the substance or micro-organism was detected, the substance or micro-organism to which the notification relates, the results of all analyses carried out, the origin of the substance or micro-organism, if any, and the corrective action plan, shall be replaced by the words" own initiative, "in the third sentence," shall be replaced by the words "own investigation" second ";"
18. In Article 4, the following paragraph 7 is inserted after paragraph 6:
"(7) The person referred to in Article 3 (2) shall be required to check, under the conditions laid down in the decision of the competent authority for the protection of public health and water, which is not of drinking water quality and for which a further extension of the milder hygiene limit cannot be authorised but is supplied to consumers; on the supply of such water, the person referred to in Article 3 (2) shall inform the consumer. ';
Paragraphs 7 and 8 shall be renumbered paragraphs 8 and 9.
19. Paragraph 4 (8) reads:
"(8) The application referred to in paragraph 4 (b) shall include, in addition to the requirements laid down in the administrative rules, a proposal for an adjustment of the scope and frequency of the checks on drinking water with justification, the indication of the supply area, the quantity of water delivered per day and the number of inhabitants supplied, the proof of the constant quality of water and the corresponding values of the quality indicators of drinking water and its source and the results of the checks over the last 2 years; where the number of analyses for this period is less than 6, the application shall also include the results of previous years in such a way as to demonstrate a continuous series of 6 results. ';
20. In Section 5, the word "preparations' is replaced by" substances and chemical mixtures';
21. In the first sentence of Paragraph 5 (1), the words "chemical preparation intended" are replaced by the words "chemical substances or chemical mixtures intended."
22. in Paragraph 5 (3), "chemical preparation" is replaced by "chemical substance or mixture."
23. in Article 5 (5) (b), the words "a chemical preparation intended for the treatment of drinking or hot water, unprepared" shall be replaced by the words "chemical substances or chemical mixtures intended for the treatment of drinking or hot water, unspecified."
24th Paragraph 5 (6) reads:
"(6) The application referred to in paragraph 5 shall include, in addition to the requirements laid down in the administrative rules for the designation of the product type, chemical or chemical mixture, their trade name and chemical composition, evidence of purity of the chemical or chemical mixture according to the relevant technical standard, a brief description of the manufacturing technology with an enumeration of all raw materials and additives, including data on degradation products arising from the manufacture, processing, possibly ageing, data on concentration of the chemical or mixture, an indication of the concentration of the active substance in the chemical mixture, an indication of the intended use of the chemical or chemical mixture, a method of determination of the proposed additives and their impurity, including the use of the product, chemical or chemical mixture, and, where the application is made under paragraph 5 (b).
25. in Article 5 (7), the word "applicant" is replaced by "applicant."
26. in Paragraph 5 (8), "chemical products" is replaced by "chemicals and chemical mixtures."
27. in Article 5 (9), first sentence, the word "proposal" is replaced by the word "application," after the first sentence, the sentence "the application shall include, in addition to the requirements laid down in the administrative order, the description of the type of technology, or its commercial name, the description of the purpose of the technology and the justification for its use, the detailed description of the principle of water treatment technology, including the equipment used and the chemical mixtures, where the addition to water is part of the technology, the evidence that the equipment used, the chemical substances and the chemical mixtures comply with the requirements of the modified implementing legislation and the technology in normal operational practice, the evidence of the health safety of the water during its last ingestion, if it is intended to change in the physical properties of the water or in which the chemical not modified by the technical regulation, the technical regulation, and the available on whether and under what conditions the technology has been authorised for the use of the technology."
28. in Article 5 (10), "preparations" is replaced by "substances and chemical mixtures."
29. in Article 5 (11), "paragraphs 5 (a) and 6" shall be replaced by "or have been authorised under paragraph 7."
30. in Article 6 (1) (a), the words "(hereinafter the bathing tank)" shall be deleted and the words "bathing water cleaning" shall be inserted after the words "bathing water cleaning";
31. in Article 6 (1) (b), the words "sauna cooling pool" shall be deleted;
32. In Section 6a (1) of the introductory part of the provision, the word "physical 'is inserted after the words" bathing'.
33. In Articles 6a (1) (b), 6a (3) (d), 6a (5) and 6g (2), the word "physical" shall be inserted after the words "bathing."
34. in Article 6a (3) (a), the words "in the bathing tank with a natural water cleaning method" shall be replaced by "in the construction allowed for the purpose of bathing equipped with a natural water cleaning system."
35. In Article 6b, at the end of paragraph 1, the sentence "If the limit value of the sinus reproduction indicator in the natural bathing water is exceeded, the operator shall carry out a chemical and organoleptic follow-up assessment of bathing water quality without delay to the extent specified in the implementing legislation."
36. In Article 6b, the following paragraph 4 is added:
"(4) Water pollution in a natural or artificial swimming pool or sauna resulting in the procedure referred to in paragraph 1, first sentence or paragraph 3, shall be notified without delay to the competent public health authority. The notification shall state, in addition to the formalities laid down in the administrative rules, the reasons for the procedure referred to in paragraph 1, first sentence or paragraph 3, the action taken and the expected duration of the action. ';
37. in Article 6c (1) (a), the words "operating on surface waters used for bathing under § 6 (1) (a)" shall be replaced by the words "on surface waters in which the operator offers the bathing service under § 6a or surface waters used for bathing under § 6d";
38. in Paragraph 6c (1) (f), the words "place of business" are replaced by the words "seat."
39. In Section 6d of the introductory part of the provision, the word "physical 'and" or water areas resulting from mining activities' are inserted after the words "bathing '.
40. in Article 6g (1) (a) and (b):
"(a) natural bathing areas on surface waters in which the operator offers a bathing service pursuant to § 6a, surface water used for bathing pursuant to § 6d and other surface water, where a large number of natural persons can be expected to bathe and have not been issued by the competent public health authority a permanent bathing ban (" other bathing surface waters "); natural swimming pools on surface waters in which the operator offers a bathing service pursuant to § 6a and bathing surface water used pursuant to § 6d shall only be included in this part of the list if they can be expected to bathe a large number of natural persons and have not been issued to them by the competent public health authority of a permanent bathing ban or permanent bathing warning; a large number of natural persons are assessed with regard to population density, infrastructure, local importance of the bathing site and measures taken to promote bathing,
(b) natural swimming pools of local importance on surface waters in which the bathing service is offered by an operator in accordance with § 6a or used for bathing in accordance with § 6d for which a permanent bathing ban has not been issued by the competent public health authority; ';
41. The heading of Section 7 reads as follows: "Hygienic requirements for the premises and operation of schools and school establishments, facilities for social education, facilities for children requiring immediate assistance, childcare services in the child group and businesses concerned with childcare."
42. In Article 7 (1), the second sentence is replaced by the following: "The obligation in the first sentence shall also apply to a person engaged in a business in an establishment whose purpose is the care of children under the age of 3 or of education, teaching or extracurricular education of children over the age of 3 in a pre-school institution, a private school or vocational training establishment, not included in the register of schools and educational establishments, and the provider of a childcare service in a child group over 12."
43. In Paragraph 9 (1) of the introductory part of the provision, the words "School of Maternity and Primary School" shall be replaced by "School."
44. in the fifth sentence of Article 9 (3), the words "or a natural person authorised by the legal representative of the child in writing to do so" shall be inserted after the words "legal representative"; or the words "sending primary school or maternity" shall be replaced by "or" sending "and (f)" shall be replaced by "and (e)."
45. In Paragraph 9 (4), the words "A parent and primary school sending children to school in nature shall be replaced by the words" A school sending children to school in nature shall be required. "
46. In the second sentence of Article 10 (2), the words "one year 'are replaced by the words" two years' and in the last sentence, the words "school, primary 'are deleted and the words" and (f)' are replaced by the words "and (e) '.
47. In the title of Section 11, the words "primary and parent schools which broadcast 'are replaced by the words" schools which broadcast'.
48. In Section 11 (1) of the Introductory Part of the provision, the words "Basic or maternity school which broadcast 'are replaced by the words" School which broadcasts'.
49. in Article 11 (1) (a), the words "has at least a full secondary vocational education in the fields of general nurse, pediatric nurse or midwife," shall be replaced by the words "has acquired competence to pursue the medical profession of doctor, dental practitioner, general nurse, midwife, medical paramedic or medical assistant," and the words "post-medical" shall be replaced by the words "general medical or dental practitioner after successful."
50. in Article 11 (1), point (e) is deleted;
Points (f) and (g) shall become points (e) and (f).
51. In the last sentence of Paragraph 11a, the word "meet" shall be replaced by the word "meet" and the words "and, in the absence of such a person, those obligations shall be fulfilled by the person who has set up the training camp for children" shall be deleted.
52. In the first sentence of Article 13 (1), the words "social welfare institutions," are replaced by the words "social services establishments,"
53. In the last sentence of Paragraph 13 (2), "operation 'is replaced by" operation'.
54. In the heading of Part 3 of Title II of Part One, the words "welfare institutions' are replaced by the words" certain social services establishments'.
55. Paragraph 15 (1) reads as follows:
"(1) A health service provider or a social service provider in a weekly stationary, a home for disabled persons, a elderly home or a home with a special regime (hereinafter referred to as the" care provider ') shall be obliged to take sanitary and anti-epidemic measures to prevent and spread health-related infection. Health-related infection shall mean a disease or pathological condition arising from the presence of the agent of the infection or its products in connection with the residence or performance of the person providing care in a health care institution, in a weekly stationary, in a home for disabled persons, in a home for elderly people or in a home with a special regime, in the appropriate incubation period.';
56. In Article 15, the words "or, where appropriate, the name of the health service for which the operating rules are issued 'shall be added at the end of the text of paragraph 2.
57. In Article 15, the following paragraph 3 is added:
"(3) A health service provider providing acute, follow-up or long-term bed care is obliged to provide synergies to the public health authority which carries out a prevalence study of health-related infections [§ 82 (2) (s)]. '
58. In Article 16 (1), the words "hospital diseases' are replaced by the words" health-care-related infections' and the words "to carry out anti-epidemic measures to detect the source of the disease, to prevent its spread, to prevent its spread and to treat the infected and to prevent it from becoming infected by suspected natural persons' are replaced by the words" to identify its causes and sources, to transmit the agent and to implement appropriate anti-epidemic measures to prevent its spread '.
59. Paragraph 16 (2) reads as follows:
"(2) Furthermore, the person providing care shall report to the competent public health authority without delay cases of health-related infection, if there is a mass occurrence, serious injury or death of the patient; the manner and content of the report shall be laid down in the implementing legislation. ';
60. Paragraph 17 (1) reads as follows:
"(1) The care provider shall comply with the health requirements for the admission of natural persons to the health or social services establishment referred to in Article 15 (1), their treatment, water supply, cleaning and performance and control of disinfection, sterilisation and higher degree of disinfection provided for in the implementing legislation. ';
61. in § 18 (1) and § 84 (1) (o), the words "social care institution" are replaced by the words "social services establishment referred to in § 15 (1)."
62. In the first sentence of Article 18 (2), the words "in the social care institution 'are replaced by the words" in the social services establishment referred to in Article 15 (1)' and the word "proposal 'is replaced by the words" applications'.
63. In the first sentence of Paragraph 18 (3), the word "services' shall be replaced by the words" rehabilitation or rehabilitation care '.
64. In Article 19 (1), the word "solarium," and the words "and the practice of trade in which special devices (such as solarium, myostimulators) are used for the care of the body are inserted after the word" manicures, "shall be deleted.
65. In the last sentence of Article 19 (3), the words "a model certificate of successful completion of the test 'shall be inserted after the words" Commission'.
66. In Article 20 (a), the words "a practical practitioner who registers a natural person (11)" shall be replaced by the words "a registered health service provider or a service provider (11), provided that the Law on Specific Health Services (61) so provides."
67.In Article 20 (b), the words "treating medical11) 'are replaced by the words" health service providers referred to in (a)';
68. in Paragraph 21 (1) (b), the word "control" is replaced by the word "ensure."
69. In the third sentence of Article 21 (2), the words "the application to initiate proceedings' are replaced by the words" applications'.
70. In the first sentence of Article 21 (3), the words "services in which special body care equipment is used 'are replaced by the words" an activity in which skin integrity is violated'.
71. In Section 22, the words "and regenerative 'are replaced by the words", regenerative or reconditioning' and the words "and the service in which special body care devices are used 'are replaced by the words", solarium and activity in which skin integrity is violated'.
72.In Paragraph 23 (1):
"(1) The food service is the production, preparation or distribution of food by the food business operator for the purpose of serving them in the framework of the business of the innkeeper's activities (20), in the school dining room (21), in the menus, in the children's group (75), in the catering of persons performing military active service, in the exercise of custody, in the prison sentence and in security detention, in the framework of health and social services, including spa rehabilitation care, in the catering of staff, in the provision of refreshments and in order to serve meals as part of accommodation and tourism services. '
73.In Article 24 (2), the words "or grown 'and the words" or grown' shall be deleted.
74.
Points (c) and (d) shall be renumbered (b) and (c).
75. in Paragraph 25 (c), "(a) to (c)" is replaced by "(a) and (b), toys."
76. in Article 26 (1) of the introductory part of the provision and in Article 26 (1) (b), the words "(a) and (d)" shall be replaced by "(a) and (c)";
77.In Article 26 (1) (d), the words' or as provided for by a decision of the competent public health authority referred to in paragraph 5 'shall be deleted.
78. In Paragraph 26 (2), "(a) and (d) 'is replaced by" (a) and (c)' and the final part of the provision is deleted.
79.In Paragraph 26 (3), "(d)" is replaced by "(c)" and "(a) and (d)" is replaced by "(a) and (c)."
80.In Paragraph 26 (4), the words "Paragraph 25 (d) 'are replaced by the words" Paragraph 25 (c)' and the words "or the distributor to offer for commissioning (4a) 'are deleted.
81. In Paragraph 27 (2), the words "paragraph 1 and other particulars" shall be deleted.
82. In Paragraph 30 (1), the words "owner or, where applicable, infrastructure manager, 32) and the operator" shall be replaced by the words "administrator or, where appropriate, owner of the road (32), operator or owner of the rail (32), person who is the organiser of public production of music and cannot be identified by the organiser, then the words" in the protected internal area of construction "shall be added to the words" in the protected internal area of construction. "
83. In Paragraph 30, the sentence "Compliance with the noise protection obligation on roads or railways in the protected exterior area of the construction shall be deemed to have been fulfilled in the protected internal area of the construction. '
84. In the first sentence of Paragraph 30 (2), the words "imitation 'shall be inserted after the word" imitation' and at the end of the paragraph the words "sound from the sound of the first sentence shall not be regarded as being caused by the voice manifestation of a natural person, unless it is part of the public production of music in the building, the voice manifestation of an animal, the sound from the production of music in the outdoor area, the sound from the acoustic warning or warning signal related to the security measures76), the sound caused by the overflow of surface water through the water work used for the management of water, the sound arising directly from activities related to the rescue of human life, health or property, the emergency, the preparation of its solution or the implementation of a security action or exceptional military action (76). Vibrations caused by overflow of surface water through the water work used to handle water and vibration directly related to the activity related to the rescue of human life, health or property, the solution of an emergency, the preparation of its solution or the implementation of a security action or exceptional military action (76) shall not be considered as vibration under the second sentence. ';
footnote 76 is replaced by the following:
"76) For example, Act No. 273 / 2008 Coll., on the Police of the Czech Republic, as amended, Act No. 553 / 1991 Coll., on the Municipal Police, as amended. '
85. In the first sentence of Paragraph 30 (3), the words "sport, treatment 'are replaced by the words" spa rehabilitation care' and the words "second and third sentences' are replaced by the words" Protected outdoor space of buildings': space up to 2 m in front of a part of their circumference, significant in terms of noise penetration from the outside into the protected internal space of housing houses, family houses, pre-school and school education buildings, health and social buildings as well as functionally similar structures. Protected internal space of buildings means residence rooms 77) in the construction of education and training facilities, for health and social purposes, and functionally similar buildings and living rooms 77) in all buildings. '
Footnote 77 reads as follows:
"77) Decree No. 268 / 2009 Coll., on Technical Requirements for Construction, as amended by Decree No. 20 / 2012 Coll. Decree No. 501 / 2006 Coll., on general requirements for the use of the territory, as amended. Decree No. 26 / 1999 Coll. of Prague, on general technical requirements for construction in the capital of Prague, as amended."
86. In Paragraph 30, at the end of paragraph 3, the sentence "What is considered to be significant in terms of noise penetration shall be added to the implementing legislation. ';
87. In the first sentence of Paragraph 31 (1), "airports' is replaced by" air traffic noise 'and "proposal' is replaced by" application '.
88. In Paragraph 31, the following paragraph 2 is inserted after paragraph 1:
"(2) The application referred to in paragraph 1 shall include, in addition to the requirements laid down in the Administrative Rules, a description of the source of noise or vibrations, the measured noise values at the reference control points or, where appropriate, those points, the calculated noise values in the protected areas referred to in Article 30 (3), or the measured vibration values in the protected indoor space of the buildings, the estimate of the number of individuals exposed to excessive noise or vibration, the reason for exceeding the hygiene limit, the design of an excessive noise or vibration value and the duration of the authorisations, an overview of the anti-noise and anti-vibration measures carried out and proposed, the framework timetable for their implementation, an estimate of their effectiveness and the facts indicative of noise or vibration at a reasonable level. The reference control point means a place that has been assessed by measurement or calculation as being the most affected by the noise source. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
89. In the first sentence of Paragraph 31 (3), the words "from noise to international noise 'are replaced by the words" air traffic to', the words "start 'are replaced by the words" take-off' and the words "in agreement with the Regional Health Station 'are replaced by the words" or the Ministry of Defence, if it is a military airport'.
90. In the first sentence of Paragraph 31 (4), the words "for school and preschool education," shall be replaced by "for preschool and school education,"
(91) Paragraph 32, including footnote 33c, is deleted.
92. In the first sentence of Paragraph 33, the word "buildings' is inserted after the word" premises' and in the second sentence the words "for school and pre-school education 'are replaced by the words" for pre-school and school education'.
93.In Paragraph 35 (1), "1.7.10E15 Hz" is replaced by "1.7.1015 Hz";
94. In Paragraph 35 (2) (c), the word "stationary" and the words "public telecommunications networks" shall be inserted after the word "operation";
95. In the first sentence of Paragraph 35 (3), the words "which non-ionising radiation source uses or operates, as appropriate," shall be replaced by the words "referred to in paragraph 2."
96. In Article 35, the following paragraph 4 is added:
"(4) The operator of a service where a non-ionising radiation source is used for the care of the body shall keep a record indicating for each non-ionising radiation source the duration of the period during which it is in operation daily; the records shall be kept for the useful life of the source of non-ionising radiation. After the period of operation of the non-ionising radiation source, as determined or recommended by the manufacturer, is exhausted, the person referred to in the sentence first is obliged to terminate the operation of the non-ionising radiation source. ';
97. In Paragraph 36 (b), the words "Class II." shall be replaced by the words "Class 1M" and the words "Class III. and IV. Signals, as laid down in the implementing act," shall be replaced by the words "Class 3B and 4."
98. In the second sentence of Paragraph 37 (2), the word "proposal 'is replaced by" application'.
(99) In Paragraph 37 (2), "paragraph 6 (c)" is replaced by "paragraph 5."
100. In Paragraph 37 (3) of the introductory part of the provision, the words "in the proposal for 'are replaced by" in the application for'.
101. In Paragraph 37 (3), the words "including the duration of this exposure 'shall be added at the end of the text in point (c).
102. In Paragraph 37, the dot shall be replaced by a comma at the end of paragraph 3 and the final part of the provision shall be added to the application for a report on the measurement or examination of the working conditions factors carried out pursuant to paragraph 38. ';
103. In Paragraph 37, the words "and at the same time submit reports on the measurement or examination of working conditions factors carried out pursuant to Paragraph 38 'shall be added at the end of the text of paragraph 4.
104. In Article 37 (5), the words "second risk (§ 39) 'shall be inserted after the words" second risk (§ 39)', the words "proposal which 'shall be replaced by the words" application which' and at the end of paragraph 2, the sentence "The inclusion of risk work in another risk category or the exclusion of work from risk work shall be carried out by the competent public health protection authority in which a new decision shall be taken '.
105. Paragraph 37 (6) reads:
"(6) The competent public health authority may, on its own initiative, decide to include first or second category work in the category of risk work (Section 39). '
106. Paragraph 39 (2) reads as follows:
"(2) The employer is obliged to determine the cause of the excess of the limit values of biological exposure test indicators and to ensure its removal; it shall immediately inform the staff member thereof. The results of biological exposure tests according to the first sentence, broken down by workplace, shall be communicated without delay by the employer to the competent public health authority. ';
107. In the first sentence of Paragraph 39 (3), the words "establishments carrying out occupational medical services' are replaced by" providers of occupational medical services without delay '; in the second sentence, the words "obliged' are replaced by the words" provider of occupational medical services'; in the third sentence, the words "When 'are replaced by" Pro' and the words "health services' are replaced by the words" occupational medical services'.
108. In Section 40 (b) (1), the words "or mutagens' are inserted after the words" carcinogens'.
109. In the first sentence of Paragraph 41a (2), the word "proposal 'shall be replaced by" application' and in the second sentence the word "proposal 'shall be replaced by" applications'.
110. In § 41a (3) and § 82 (2) (n), the words "own initiative" are replaced by the words "power of official authority."
111. Article 43 shall be deleted;
112. In Section 44, the words "and persons referred to in Section 43 'are deleted.
113. In the headings of Sections 44a, 44b (1) (b) and (3) of the first sentence and in the first sentence of Section 44b (6), the word "preparations" is replaced by "mixtures."
114. In Paragraph 44a (1), "preparations 35a)" is replaced by "mixtures" and "exports," is replaced by "distribution,"
115. In Article 44a (2), the words "products are required to protect human health 'are replaced by the words" mixtures are legal persons and natural persons are obliged to protect the health of natural persons'; the words "and danger 'are inserted after the word" risk' and the words "under specific legislation35a) 'are replaced by the words" according to the Chemical Act 35a) and directly applicable European Union legislation on chemicals and chemical blends (78)'.
footnotes 35a and 78 are as follows:
"35a) Act No. 350 / 2011 Coll., on chemicals and chemical mixtures and on the amendment of certain laws (chemical law), as amended.
78) Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council, as amended. Regulation (EC) No 1907 / 2006 of the European Parliament and of the Council, as amended. '
116. In Article 44a (3), the words "sell, donate or otherwise provide 'are replaced by the words" offer, donate, sell, or otherwise deliver, leave or procure', the words "preparations' are replaced by the words" mixtures', the words "highly toxic 35b ', the words" highly toxic 35a) or substances and mixtures according to the directly applicable European Union regulation on chemicals and chemical mixtures referred to in paragraph 8', which have the wrong class and the category or hazard categories of acute toxicity of category 1 or 2 (hereinafter referred to as "hazardous chemicals and chemical mixtures classified as highly toxic '), and the words" such chemicals and chemical preparations referred to in paragraph 8' are replaced by the words "those referred to in paragraph 6 '.
Footnotes 35b to 35d are deleted, including references to footnotes.
117. Paragraph 44a (4) reads as follows:
"(4) Legal persons and natural persons shall not offer, donate, sell or otherwise supply or procure for a natural person under 18 years of age or a person whose incapacity has been restricted by court, dangerous chemicals and chemical mixtures classified as toxic 35a), substances and mixtures according to a directly applicable European Union regulation on chemicals and chemical blends (78), which have the wrong class or classes and hazard categories of acute toxicity category 3 or toxicity to specific target organs following a single or repeated exposure of category 1 (hereinafter referred to as" hazardous chemicals and chemical blends classified as toxic '), and chemicals and chemical mixtures classified as corrosive substances and mixtures according to the directly applicable European Union regulation on chemicals and chemical blends 78), which have a class and hazard category 1 with a hazard category of hazard category H314 (hereinafter referred to as "dangerous chemicals and mixtures classified as corrosive substances').
118. In Paragraph 44a (5), the words "natural persons authorised to do business under special legislation 'are replaced by the words" natural persons involved' and the words "preparations' are replaced by the words" mixtures'.
119. In Paragraph 44a, paragraphs 6 and 7 are deleted.
Paragraphs 8 to 12 shall be renumbered paragraphs 6 to 10.
120. In Paragraph 44a (6), the words "natural persons authorised to do business under special legislation 'are replaced by the words" natural persons involved'; the words "products' are replaced by the words" mixtures'; the words "2 or 7 'are replaced by the words" unless specific legislation otherwise provides for 20); and the word "year' is replaced by the words" 2 years'.
121. Paragraph 44a (7) is deleted.
Paragraphs 8 to 10 shall be renumbered paragraphs 7 to 9.
122. In Section 44a (7), first sentence, the words "natural person authorised to do business' are replaced by the words" natural person '; the words "products' shall be replaced by the words" mixtures'; the words "or carcinogen marked with R-sentence 45 or 49; mutagenic marked with R-sentence 46; and the toxicity to reproduction marked with R-sentence 60 or 61 'shall be replaced by the words" carcinogenic category 1 or 2; the substances and mixtures which have the wrong category or hazard category 1A or 1B; the words "chemical substances and preparations' shall be replaced by the words" chemicals and mixtures listed in the first sentence '; and the last sentence shall be replaced by the words "reproductive toxicity category 1A or 1B;';
123. In the first sentence of Paragraph 44a (8), the words "natural persons authorised to do business under specific legislation 'are replaced by the words" natural persons involved' and the words "preparations' are replaced by the words" mixtures' and the words "people 'are replaced by the words" natural persons'.
124. In the first sentence of Article 44a (9), the words "natural persons authorised to do business' shall be replaced by the words" natural persons', the words "preparations' shall be replaced by the words" mixtures' and the words "preparations' shall be replaced by the words" chemical preparation 'in the sentence of the second sentence, the words "chemical mixture' shall be replaced by the words" name 'and surnames' and the words "chemical or chemical preparation 'shall be deleted; in the third sentence the words" chemical preparation' shall be replaced by the words "chemical mixture 'and at the end of the paragraph shall be added the words" and on the record keeping of chemicals and chemical mixtures which are explosive (79)'.
footnote 79 is replaced by the following:
"79) Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended."
125. In Section 44b (1) of the Introductory Part of the provision, the word "preparations' is replaced by" mixtures' and the words "not involving the manufacture, import or sale of dangerous chemicals and chemical products classified as highly toxic and the performance of special protective disinfection, disinsectisation and extermination 'are deleted.
126. In Paragraph 44b (1) (a) (1), the words "general medicine or" shall be replaced by "general medicine, dental medicine or dentistry," and the words "or the protection of public health" shall be added at the end of the text of point 1.
127. In Paragraph 44b (1) (a) (4), the words "on the completion of the special training for the performance of the work in the healthcare sector 35e) or the document" are deleted.
footnote 35e is deleted.
128. Paragraph 44b (2) is deleted.
Paragraphs 3 to 7 shall be renumbered paragraphs 2 to 6.
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Regulation Information
| Citation | Act No. 267 / 2015 Coll., amending Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Acts, as amended, and other Related Acts |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.10.2015 |
|---|---|
| Effective from | 01.12.2015 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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