Decree No. 298 / 2005 Coll.
Ordinance on professional qualifications and competence requirements in mining or mining activities and amending certain legislation
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Order
Effective from 01.08.2005
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298
DECLARATION
of 12 July 2005
on professional qualifications and competence requirements in mining or mining activities and amending certain legislation
The Czech Mining Authority provides pursuant to § 5 (3) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 542 / 1991 Coll., and pursuant to § 29 (2) (e) and § 38 of Act No. 18 / 2004 Coll., on the Recognition of Professional Qualifications and Other Eligibility of Nationals of Member States of the European Union and on the Amendment of Certain Laws (Act on Recognition of Professional Qualifications), as amended by Act No. 96 / 2004 Coll.:
REQUIREMENTS FOR COMPETENT QUALIFICATION AND COMPETENT ELIGIBILITY IN HORNIC ACTIVITIES OR ACTIVITIES IMPLEMENTED BY HORNIC ELEMENTS
TRAINING QUALIFICATION AND TRAINING
Definition of terms
For the purposes of this decree:
(a) professional qualifications for the pursuit of mining activities and activities carried out in a mining manner as demonstrated by the prescribed completed education and by the prescribed professional experience in mining activities or activities carried out in a mining way;
(b) professional competence to fulfil professional qualifications and to demonstrate legal knowledge (Section 3 (1)), to the extent necessary for the safe and reliable performance of the activity;
(c) completed through secondary education, successful completion of the technical sciences and teaching required to carry out mining or mining activities. The theoretical and practical areas, which constitute the content of education and training required in the Czech Republic, are set out in Annex 1 to this decree. Evidence of completed secondary education is provided,
(d) completed by higher education, successful completion of the technical sciences and teaching required to carry out mining or mining activities. The theoretical and practical areas, which constitute the content of education and training required in the Czech Republic, are set out in Annex 1 to this decree. Evidence of completed higher education is provided,
(e) professional practice of professional activity carried out in mining or mining activities. Professional experience in the fields of electrical engineering, engineering or waste disposal shall also be demonstrated by the performance of an activity obtained outside the mining activity or an activity carried out in a mining way. Evidence of professional experience shall be provided,
(f) by conducting mining works in underground and underground works, the process of creating or disposing of mining works in underground and underground works in mining or mining activities (including mining, mining, mining, strengthening, maintenance, reconstruction, setting up, securing and disposal of mining works in underground or underground works and mining of mineral deposits in underground),
(g) a model documentation of a set of technical documentation for the required professional competence, ensuring safety and health at work, safety of operation and the required working conditions for mining or mining activities.
Professional person
(1) The natural persons appointed to ensure the professional and safe performance of the mining activity and of the activities carried out in a mining manner must fulfil the following professional qualifications:
(a) as a natural person responsible for the safe and professional management of mining or mining activities in the mine, the professional qualifications acquired by the completion of at least the Master's Study Programme (3) and professional experience in mining or mining activities for at least four years;
(b) the racing quarry (2) as a natural person responsible for the safe and professional management of mining or mining activities
1. on quarries with a total annual production of a commercial mineral of more than 500,000 tonnes, the professional qualifications obtained by completion of at least the Master's study programme3) and professional experience in mining or mining activities must be at least four years;
2. for quarries with a total annual production of a commercial mineral of less than 500,000 tonnes, the professional qualifications obtained by completing at least the Bachelor's study programme4) and professional experience in mining or mining activities for at least two years, or at least professional qualifications in the range of secondary education with a graduate examination and professional experience in mining or mining activities for at least four years;
(c) as a natural person responsible for the safe and professional management of the mining activity or activities carried out in a mining way in establishments where the function of the factory mine or quarry is not established, the professional qualifications obtained by the completion of at least the Bachelor's study programme4) and the professional experience in the relevant regulated activity for at least two years, or at least the professional qualifications in the field of secondary education with a graduate examination and professional experience in mining or mining activities carried out in a mining way for at least four years;
(d) as a natural person eligible for tasks in the field of safety and health at work and safety at work5) in mining or mining activities must have the professional qualifications obtained by completing at least the Bachelor's study programme4) and professional experience in the relevant regulated activity for at least two years, or at least a vocational qualification in the scope of secondary education with a graduate examination and professional experience in mining or mining activities for at least four years;
(e) a mining designer, as a natural person, shall be able to design or design objects and equipment which are part of a mining or mining activity, to draw up plans and documentation relating to a mining activity or activity carried out in a mining way, unless they are governed by a special legislature6), shall have a professional qualification obtained through the completion of at least a master's study programme3) and a professional experience in mining activities or activities carried out in a mining way for at least one year, or at least a professional qualification within the scope of secondary education completed by a graduate or professional practice in a mining activity of at least four years;
(f) the designer is able to design the installation of electrical equipment used in mining or mining activities and to draw up related plans and documentation. They must have a professional qualification obtained through the completion of at least a Master's Degree Programme (3) and professional experience in mining or mining activities for at least one year, or at least a professional qualification within the scope of secondary education completed by secondary education and professional experience in mining or mining activities for at least four years;
(g) as a natural person able to produce documentation, design and manage anti-shock activities, the geomechanik must have the professional qualifications obtained through the completion of at least a master's study programme3) and professional experience in mining or mining activities for at least three years;
(h) the waste storage risk assessor, as a natural person, shall be able to carry out an integrated repository analysis and to carry out an assessment of the risks of waste storage in underground storage (7) shall have a professional qualification obtained through the completion of at least a master's study programme (3) and professional experience in mining or mining activities for at least four years. This competent person shall also be competent to carry out the evaluation of the disposal of waste on the surface of mining works arising from mining or mining activities and to assess the risks of the management of extractive waste. 15),
(i) the head of ventilation as a natural person competent to manage mine ventilation in a mining activity must have a professional qualification obtained by the completion of at least a master's study programme3) and professional experience in mining or mining activities for at least three years;
j) an expert expert as a natural person established by the Czech Mining Authority is entitled to process
1. expert opinions and opinions on the assessment of the stability of underground buildings and other premises created by activities carried out by mining),
2. expert assessments and opinions and carry out tests on selected mining machinery, equipment, equipment and equipment; and
they must have a professional qualification to the extent of at least the Master's study programme3) and professional experience in mining or mining activities for at least four years. The Czech Mining Authority will take into account the technical and professional knowledge of the expert, the length of the professional or scientific experience and the knowledge of generally binding legislation,
(k) person carrying out technical surveillance activities 8)
1. for the management of mining works in underground and underground works, they must be qualified to the extent specified in Paragraph 2a (1);
2. in the absence of the management of mining works in underground or underground works, they must be qualified to the extent specified in Paragraph 2a (2);
(l) the designer of the installation of machinery as a natural person shall be able to design the installation of machinery used in mining activities or in mining activities and to draw up related plans and documentation must have the professional qualifications obtained by completing at least the master's study programme3) and professional experience in mining or mining activities for at least one year or at least professional qualifications in the range of secondary education with a secondary examination and professional experience in mining or mining activities for at least four years;
(m) the main mine meter as a natural person capable of performing and managing the mine measurement activity. It shall be responsible for the correctness and completeness of the metering documentation produced and its professional management, addition and retention shall have the professional qualifications obtained by the completion of at least the Master's study programme3) and the professional experience in the performance of the metering activity of mining or mining activities for at least two years;
(n) a mine meter as a natural person capable of carrying out and controlling individual measurements in the case of a mine measurement activity. He / she shall be responsible for the accuracy and completeness of the individual measurements and the parts of the metering documentation that he / she has carried out or managed in the course of the metering activity shall have the professional qualifications obtained through the completion of at least the Bachelor's study programme4), or within the scope of secondary education with a graduate examination. In the case of secondary education with a graduate examination, professional experience in the performance of mining or mining activities shall have at least one year.
(2) If the function of the racetrack, the racetrack, the safety technology, the designer, the geometrician, the head of ventilation, the technical supervision and the foreman is to be carried out on a continuous mine, on a mine of dangerous mining shocks, rock and gas breaks or on a coal mine, at least half of the prescribed professional experience is required to be carried out on a mine of similar conditions.
(1) The person carrying out the technical surveillance activities for the management of mining works in underground and underground works must be qualified to at least:
(a) secondary education with a graduate examination in the theoretical and practical fields listed in Annex 1 (7) and professional experience in mining or mining activities for at least six months; or
(b) secondary education with a degree in technical disciplines under other legislation9) and professional experience in mining or mining activities for at least three years.
(2) A person carrying out technical surveillance activities in the absence of the management of mining works in underground or underground works must have a professional qualification of at least:
(a) secondary education with a technical examination (9) and professional experience in the relevant technical fields for at least six months; or
(b) secondary education in technical disciplines (9) and professional experience in the relevant technical fields for at least two years.
(3) Medium education with a graduate examination in accordance with paragraph 1 and paragraph 2 (a) may be replaced by:
(a) by supporting the acquisition of a group of all professional qualifications as set out for the corresponding full professional qualification in a qualification level of at least EQF 4 in the field of qualification of Mining and Mining Geology, Metallurgical and foundry, or in the field of qualification of Construction, Geodesia and Cartography published in the National Qualifications System under other legislation10), and to meet the requirements of paragraph 2 (a), the acquisition of a group of professional qualifications in other technical disciplines of qualification (11);
(b) by supporting the acquisition of an adequate professional qualification in the qualification level of at least EQF 4 of the field of qualification of Mining and Mining Geology, Meteorological and foundry, or in the field of qualification of Construction, Geodesia and Cartography published in the National Qualifications System under other legislation12) and in order to meet the requirements of paragraph 2 (a), the acquisition of a group of professional qualifications in other technical disciplines of qualification (11); or
(c) by passing an individual examination which, in its content and form, corresponds to the profile part of the graduation examination (13) in the field of education in the group 21 Mining and mining geology, metallurgy and foundries, or in the field of education in the group 36 Construction, geodesy and cartography and in the case of professional qualifications as referred to in paragraph 2 (a) and other technical disciplines of education9).
(4) Medium education with a graduate examination as referred to in paragraph 1 (a) may be replaced in accordance with paragraph 3 only if the professional qualification, full professional qualification or individual examination contains the theoretical and practical areas listed in Annex 1 (7).
Professional competence
(1) The knowledge of legislation governing the protection and use of mineral deposits, the safety of operation, safety and health at work, working conditions for mining and mining activities, fire protection, the safety of technical equipment, the security of protected objects and interests against the effects of mining activity, the use of explosives in mining or mining activities, as well as the ability to apply them to mining or mining activities, to the extent necessary for the safe and reliable performance of the work or function, shall be verified by testing.
(2) The professional competence of a competitor is also a right to pursue the regulated activities referred to in Sections 4 (d) and 4 (k).
Verification of competence
State Mining Authorities verify competence
(a) a racing mine;
(b) the racetrack;
(c) racing,
(d) safety technology;
(e) a mining designer,
(f) designer of electrical installations,
(g) geometrics;
(h) waste storage risk assessors;
(i) head of ventilation;
(j) an expert expert;
(k) persons carrying out technical surveillance activities for the management of mining works in underground and underground works;
(l) designer of machinery installations,
(m) the main mine meter,
n) mine meter.
Procedure for the verification of professional competence by State Mining Authorities
(1) The professional competence of the natural persons referred to in Section 4 shall be verified by the authorities of the State Mining Administration by examination before the commissions established by the President of the Czech Mining Office. The test shall consist of a written and oral part.
(2) The application for the test shall be submitted locally to the competent authority of the State Mining Administration, defining the type of mining activity required or activities carried out in a mining manner for the professional competence concerned. In the application, the natural person shall indicate his name, surname, date of birth and place of permanent residence. The application shall be accompanied by an officially certified copy of the evidence of professional qualifications and the evidence of existing activities in the field of mining or mining activities.
(3) A natural person who has submitted the documents provided for in paragraph 2 may be admitted to the test.
(4) The natural persons referred to in Sections 4 (a) to (i) and 4 (l) to (m) with the application shall also submit a model documentation to obtain the required professional competence which they have established or participated in the processing of.
(5) When verifying the competence of the racetrack and quarry as referred to in paragraph 1, the Commission shall also verify and assess the results of the technical functions and the ability to deal with operational situations and incidents.
(6) The test result shall be assessed as passed or failed. The assessment of the applicable safety regulations in the processed documentation referred to in paragraph 4 shall also be included in the test result. A record of the test shall be made indicating the questions, the assessment of the responses, the evaluation of the documentation submitted pursuant to paragraph 4, the result of the test and the signatures of the test committee. The test may be repeated not more than once within the time limit set by the Test Panel, after a period of 3 months.
(7) On the basis of a successful examination, the competent administrative authority shall issue the staff member with a certificate of competence defining the type of mining activity or activity carried out in a mining manner.
Validity of certificates
The certificate of competence shall be valid for 5 years from the date of issue. The validity of the certificate of competence may be renewed repeatedly on the basis of a successful periodic examination in accordance with the provisions of Section 8 for a further 5 years.
Verification of professional competence of organisations
(1) The professional competence of natural persons providing for the professional and safe exercise of mining activities or activities carried out in a mining manner shall be verified by an examination of an organisation for which they are in working or similar proportions, unless verified by the authorities of the State Mining Administration.
(2) The professional competence of persons carrying out technical surveillance activities in an organisation in the absence of mining works in underground or underground works shall be verified by an examination of the organisation.
(3) Knowledge of the safety regulations for natural persons whose professional competence is verified by an organisation and natural persons who do not carry out repeated verification of professional competence shall be verified by examination before an organisation commission. The tests shall be repeated within three years of the previous test.
REPEALED VERIFICATION OF COMPETITION
Periodic tests
(1) Natural persons whose competence referred to in the provisions of Sections 4 (a) to (j) and (l) to (n) is verified by the authorities of the State Mining Administration shall be subject to a repeated verification of competence (hereinafter referred to as the "periodic examination") to the extent necessary for the performance of the activity.
(2) The periodical test shall be carried out within five years of the previous test.
(3) The periodical examination will be held before a committee appointed by the President of the Czech Mining Office. A request for a periodic examination shall be submitted to the competent authority of the State Mining Administration no later than 60 days before the expiry of the period referred to in paragraph 2.
(4) The periodical examination referred to in paragraph 2 may be repeated no more than once within the time limit set by the examination committee.
(5) An alert shall be made on the periodic test containing the particulars referred to in Section 5 (6).
(6) The date of the periodic examination and the validity of the certificate shall be indicated by the competent administrative authority on the reverse of the certificate.
RECOGNITION OF THE COMPETENT QUALITY AND COMPETENCE OF THE MEMBER STATES OF THE EUROPEAN UNION
(1) Recognition of professional qualifications, professional competence and other competence of nationals of the Member States of the European Union and of the Member States of the European Economic Area and of the Swiss Confederation for the exercise of the relevant regulated activity shall be carried out in accordance with special legislation14), as verified by the authorities of the State Mining Administration.
(2) For nationals of the Member States of the European Union and of the Member States of the European Economic Area and of the Swiss Confederation, knowledge of the Czech language to the extent necessary to ensure safety and health at work and safety of operations is required for the performance of regulated activities.
PROVISIONS TRANSITIONAL
(1) Valid certificates of competence issued by the authorities of the State Mining Administration before the date of entry into force of this Decree remain valid.
(2) The professional competence of the race mine is also a right to pursue the regulated activities referred to in Sections 4 (c) to (f), (h), (j) and (l). The professional competence of a racetrack with an annual production of more than 500 000 tonnes entitles it to carry out the regulated activities referred to in § 4 (c) to (f) and (l).
(3) Natural persons who, until the date of application of this decree, have fulfilled the professional competence for the performance of the activity of a manager meet the professional competence requirements for the performance of the activity of a racing operator [Paragraph 2 (1) (c)].
REPEAL PROVISIONS
The following shall be deleted:
1. Decree No. 340 / 1992 Coll., on the requirements for qualification and competence and on the verification of professional competence of workers for mining and mining activities and amending certain regulations issued by the Czech Mining Authority to ensure safety and health at work and safety of operations in mining and mining activities.
2. Decree No. 74 / 2001 Coll., amending Decree No. 340 / 1992 Coll., on the qualification and competence requirements and on the verification of professional competence of workers for mining and mining activities and amending certain regulations issued by the Czech Mining Authority to ensure safety and health at work and safety of operations in mining and mining activities, as amended by Decree No. 239 / 1998 Coll.
Amendment to Decree No 72 / 1988 Coll., on explosives, as amended
Decree No. 72 / 1988 Coll., on Explosives, as amended by Decree No. 173 / 1992 Coll., Decree No. 340 / 1992 Coll., Decree No. 99 / 1995 Coll., Decree No. 341 / 2001 Coll. and Decree No. 338 / 2004 Coll., are amended as follows:
1. In Paragraph 27 (8), the words "a manager 'are replaced by the words" a racing, racing mine or a quarry'.
2. In Paragraph 102 (1), the words "head of organisation 'are replaced by the words" racing mine'.
Amendment of Decree No. 22 / 1989 Coll., on safety and health at work and safety of operations in mining and mining activities in underground as amended
Decree No. 22 / 1989 Coll., on safety and health at work and safety of operations in mining and mining activities in the underground as amended by Decree No. 477 / 1991 Coll., Decree No. 340 / 1992 Coll., Decree No. 3 / 1994 Coll., Decree No. 54 / 1996 Coll., Decree No. 109 / 1998 Coll., Decree No. 434 / 2000 Coll., Decree No. 330 / 2002 Coll. is amended as follows:
1. In Paragraph 19 (2), the second sentence is replaced by the sentence "The content of professional practice, the method of testing and the time limits for repeating them shall be determined by the factory mine."
2. Paragraph 114 (2) and (4) are deleted.
Paragraph 3 shall become paragraph 2.
3. Paragraph 150 (2) and (3) are deleted.
Amendment to Decree No. 26 / 1989 Coll., on safety and health at work and safety of operations in mining and surface mining activities, as amended
Decree No. 26 / 1989 Coll., on safety and health at work and safety of operations in mining and mining activities on the surface, as amended by Decree No. 340 / 1992 Coll., Decree No. 8 / 1994 Coll., Decree No. 236 / 1998 Coll., Decree No. 434 / 2000 Coll. and Decree No. 142 / 2004 Coll., are amended as follows:
1. in § 4 (6), § 9 (1) and (2), § 11 (1) and (2), § 13 (2), § 17 (2), § 21 (2), § 158 (1), § 163 (6) and § 178 (2), the words "manager" shall be replaced by "racing."
2. In Paragraph 17 (2), the second sentence is replaced by the sentence "The content of professional practice, the method of testing and the time limits for their repetition shall be determined by the factory refraction or racing."
Amendment of Decree No. 51 / 1989 Coll., on Safety and Health at Work and Safety of Operation in the Treatment and Processing of Minerals, as amended
Decree No. 51 / 1989 Coll., on Safety and Health at Work and Safety of Operation in the Treatment and Processing of Minerals, as amended by Decree No. 340 / 1992 Coll., Decree No. 9 / 1994 Coll., Decree No. 237 / 1998 Coll., Decree No. 434 / 2000 Coll. and Decree No. 143 / 2004 Coll., is amended as follows:
1. in § 4 (5), § 9 (1) and (2), § 11 (2), § 13 (2), § 21 (2) and § 133 (2), the words "manager" shall be replaced by "racing."
2. In Article 17 (2), the second sentence is replaced by the sentence "The content of professional practice, the method of testing and the time limits for their repetition shall be determined by the racing, racing mine or the quarry."
Amendment of Decree No. 55 / 1996 Coll., on the requirements for the protection of health and safety at work and the safety of operations in the underground activity, as amended
In Section 2 of Decree No. 55 / 1996 Coll., on the requirements to ensure safety and health at work and safety of operations in the underground activity, as amended by Decree No. 144 / 2004 Coll., paragraph 4 is added:
"(4) For the purposes of this decree, the term head of staff shall be understood as being a natural person with a certified professional competence of racing. ';
Amendment to Decree No. 239 / 1998 Coll., on safety and health at work and safety of operations in the extraction and treatment of oil and natural gas and in drilling and geophysical works and amending certain regulations to ensure safety and health at work and safety of operations in mining and mining activities in the underground as amended by Decree No. 360 / 2001 Coll.
Decree No. 239 / 1998 Coll., on safety and health at work and safety of operations in the extraction and treatment of oil and natural gas and in drilling and geophysical works and amending certain regulations to ensure safety and health at work and safety of operations in mining and mining activities in the underground as amended by Decree No. 360 / 2001 Coll., is amended as follows:
1. in Article 2, the following point (i) is added:
"(i) the manager of the worker is a natural person with a proven professional competence in racing.";
2. Part Three, including the title, is deleted.
Amendment of Decree No. 175 / 1992 Coll., on the conditions for the use of mineral deposits
In § 2 (5) of Decree No. 175 / 1992 Coll., on the conditions for the use of mineral deposits, the words "manager 'are replaced by" racing'.
Amendment of Decree No. 435 / 1992 Coll., on the mine mining and certain mining activities, as amended by Decree No. 158 / 1997 Coll.
In § 21 (3) of Decree No. 435 / 1992 Coll., on the metering documentation of mining activities and certain activities carried out in a mining way, the words in brackets are replaced by the words "race, race or quarry."
Amendment of Decree No. 15 / 1995 Coll., on the authorisation of mining and mining activities
Decree No. 15 / 1995 Coll., on the authorisation of mining and mining activities, is amended as follows:
1. in § 2 (1) (e), § 3 (1) (e) and § 4 (1) (c), the words "manager" shall be replaced by the words "racer."
2. In Paragraph 1 (1), the words "manager 'are replaced by the words" racing'.
EFFECTIVE
This Decree shall take effect on 1 August 2005.
Chairman:
Prof. JUDr. Makarius, CSc.
Příloha č. 1
Annex No 1 to Decree No 298 / 2005 Coll.
Entry requirements for theoretical and practical areas which constitute the content of education and training required in the Czech Republic for the performance of selected regulated activities
1. Theoretical and practical areas which form the content of education and training required in the Czech Republic for the performance of the racing mine:
- mineralogy and petrography,
- mining,
- rock and earth mechanics,
- geology,
- mining geomechics,
- mining of bearings,
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Regulation Information
| Citation | Decree No. 298 / 2005 Coll., on requirements for professional qualifications and competence in mining or mining activities and amending certain legislation |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.07.2005 |
|---|---|
| Effective from | 01.08.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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