Act No. 309 / 2006 Coll.
Law governing other requirements of safety and health at work in employment relations and on the protection of health and safety in activity or the provision of services outside labour relations (Act on the safeguarding of further conditions of safety and health at work)
Valid
Law
Effective from 01.01.2007
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309
THE LAW
of 23 May 2006
adapting other requirements of safety and health at work in employment relations and on ensuring safety and health in the activity or provision of services outside employment relations (Law on other conditions of safety and health at work)
Parliament has decided on this law of the Czech Republic:
OTHER SAFETY AND HEALTH PROTECTION REQUIREMENTS FOR WORKING IN WORKING RELATIONS
REQUIREMENTS FOR WORKERS AND WORKGROUND, INDUSTRY AND WORKING INSTALLATIONS AND EQUIPMENT, WORKING ORGANISATION AND WORKING PROCEDURES AND SAFETY MARKS
Preliminary provisions
This law implements the relevant European Union1), regulates, in the light of Act No. 262 / 2006 Coll., the Labour Code, other requirements of safety and health at work in employment relations and health and safety and health protection in activity or provision of services outside employment relations pursuant to § 3 of the Labour Code.
Workplace and working environment requirements
(1) The employer is obliged to ensure that the workplaces are designed and equipped in such a way that the working conditions for workers in terms of safety and health at work comply with the safety and hygiene requirements for the work environment and workplaces in order to:
(a) the premises intended for work, corridors, stairways and other communication have defined dimensions and surfaces and are equipped for activities carried out there;
(b) the workplace was illuminated, preferably by daylight, with specified microclimatic conditions, in particular as regards air volume, ventilation, humidity, temperature and water supply;
(c) personal hygiene, changing, putting away of personal effects, rest and meals of staff have defined dimensions, design and equipment;
(d) the means of escape, exits and transport, including access routes, are still available;
(e) regular maintenance, cleaning and cleaning have been ensured at the premises referred to in (a) to (d);
(f) the workplace has been equipped, to the extent agreed with the competent health care service provider, with the means for providing first aid and with the means for calling the health care services provider.
(2) Further requirements for work and work environment are laid down in implementing legislation.
Requirements for workplaces and workplaces
(1) The employer who carries out or participates in the implementation of the construction, assembly, assembly, demolition or maintenance work, whatever their technical design, the construction products used, materials, construction, the purpose of their use and their duration (hereinafter referred to as the "contractor") for another natural person, undertaking a natural person or legal person (hereinafter referred to as the "contractor") at his place of work, as defined temporarily for the implementation of the construction (hereinafter referred to as "construction site"), shall ensure, in conjunction with the contracting entity, the construction of equipment for safe and health, the performance of the work. Work according to the first sentence may be started only if the construction site is properly secured and equipped. The contractor may also be the contractor of the construction if the construction is carried out for himself.
(2) The contractor is obliged to comply with other requirements for safety and health at work when preparing the project and implementing the construction, which are
(a) maintaining order and cleanliness at the construction site;
(b) construction site layout according to the relevant documentation;
(c) the location of the workplace, its availability, the identification of communications or the space for the arrival and movement of natural persons, means of production and work and equipment;
(d) the provision of material handling requirements;
(e) prevention of health risks at work with burdens;
(f) carrying out checks before first use, during use, during maintenance and on a regular basis on machinery, technical equipment, apparatus and tools during use in order to eliminate deficiencies which could adversely affect health and safety;
(g) compliance with the eligibility requirements of natural persons working on the site;
(h) identification and treatment of storage areas, in particular dangerous substances, mixtures and materials;
(i) compliance with the conditions for disposal and disposal of hazardous waste;
(j) the storage, handling, disposal and disposal of waste and material residues;
(k) adapting the time needed for individual work or stages to the actual progress of work;
(l) preventing the life and health of natural persons who, with the knowledge of the contractor, may stay at the construction site;
(m) ensuring cooperation with other persons;
(n) preventing the risks of interaction between activities carried out at or in close proximity to the construction site;
(o) keeping records of the presence of employees and other natural persons at the construction site which has been forwarded to it;
(p) the adoption of appropriate measures when work and activities which expose workers to life or harm at the construction site are carried out;
(q) compliance with closer minimum safety and health requirements at work at construction sites laid down by implementing legislation.
(3) Closer minimum requirements for safety and health at work at construction sites and closer definition of works and activities which expose workers to an increased risk of life or health, the exercise of which requires specific competence, are laid down in implementing legislation.
Requirements for means of production and work and equipment
(1) The employer must ensure that machinery, technical equipment, means of transport and tools are suitable for the work in which they are used in terms of safety and health at work. Machinery, technical equipment, means of transport and tools shall be:
(a) equipped with protective devices protecting the life and health of workers;
(b) equipped or modified to comply with ergonomic requirements and not to expose workers to adverse factors of working conditions;
(c) regularly and properly maintained, checked and revised.
(2) Closer requirements for the safe operation and use of machinery, technical equipment, means of transport and tools are laid down in the implementing legislation.
Requirements for organisation of work and working procedures
(1) The employer is obliged to organise work and establish working procedures in such a way as to respect the principles of safe behaviour at the workplace and to ensure that workers:
(a) do not carry out activities of a single and unilaterally burdensome organism. If they cannot be excluded, they must be interrupted by safety breaks (2); in cases specified by specific legislation3), the duration of such work must be limited in time,
(b) have not been threatened by falling or thrown away objects or materials;
(c) they are protected against fall or fall;
(d) they are not at risk of being transported to the workplace;
(e) in an increased-risk workplace, they have not worked alone without the supervision of another employee, unless they have been protected otherwise;
(f) they have not performed manual handling of loads which may harm health, in particular the spine.
(2) Closer requirements for the organisation of work and working procedures which the employer is obliged to provide shall be laid down in implementing legislation.
Safety signs, markings and signals
(1) At workplaces where work is carried out where there may be damage to health, the employer is obliged to place safety marks and markings and introduce signals that provide information or instructions on safety and health at work and to familiarise the workers with them. Safety marks, markings and signals may be in particular visual, sound or light.
(2) The appearance, location and design of safety marks and marking and the introduction of signals are laid down in implementing legislation.
PREPARATION OF LIVING AND HEALTH
Risk factors for working conditions and controlled zones
(1) Where risk factors occur in the employer's workplace, the employer shall be required to regularly and without undue delay whenever conditions of work change, by measuring and checking their values and ensuring that they are excluded or at least limited to the minimum reasonably achievable. In identifying, evaluating and taking measures to comply with the maximum permissible values, it shall comply with the implementing legislation. Risk factors are, in particular, physical factors (e.g. noise, vibration), chemical (e.g. carcinogens), biological agents (e.g. viruses, bacteria, fungi), dust, physical load, mental and visual load and adverse microclimatic conditions (e.g. extreme cold, heat and humidity). If the presence of biological agents and exceeding the maximum permitted values of risk factors cannot be ruled out, the employer shall be obliged to restrict their action by technical, technological and other measures, in particular the modification of working conditions, the duration of work, the establishment of controlled zones, the use of appropriate personal protective equipment or the provision of protective drinks.
(2) If the results of the measurement of risk factors exceed the maximum permissible values, the employer shall be obliged to identify the causes of this condition and take measures to eliminate the risk to workers. If the occurrence of group 2 to 4 biological agents cannot be eliminated under special legislation (4), the employer is obliged to comply with Section 104 of the Labour Code, unless it is possible to reduce the values of risk factors below the stated maximum permissible values and thus eliminate the risk to workers. If the health protection of the worker cannot be ensured by the measures referred to in paragraph 1, or by other measures provided for in this Act or by special legislature34, the employer shall be obliged to put the source of the risk factor out of service and, if this is not possible, to stop the work.
(3) The employer shall ensure that work on asbestos, on chemical carcinogens and biological agents and on chemical carcinogenicity risk processes is always carried out in controlled zones, to the extent provided for by the implementing legislation, which shall be marked and ensured in such a way that workers who do not carry out work, repair, maintenance, testing, revision, inspection or supervision do not enter it. The controlled band is a clearly and visibly marked space, separated from the working environment, if possible, where activities are carried out which pose a risk to the health and safety of workers on the basis of a risk assessment and which is secured against unauthorised entry. Other work in which workers are exposed to risk factors may also be included by the employer in the controlled zones where this is necessary to protect workers' health.
(4) The employer is obliged to keep a register and to store it for a period laid down by specific legislation5 on controlled zones and workers entering or carrying out the work referred to in paragraph 3. Registration shall include:
(a) the name and, where appropriate, the name and surname of the staff member and the date of birth;
(b) the name of the controlled zone, the date of its establishment and cancellation;
(c) the characteristics of the work carried out;
(d) the purpose of entry and stay in the controlled zone;
(e) the number of shifts worked;
(f) a list of biological agents, chemicals and mixtures to be treated in the controlled zone or other risk factors;
(g) an alert on emergency situations and changes to the data contained in the register with the date of their implementation.
(5) It is prohibited to eat, drink and smoke in the controlled zone; for these purposes, the employer shall reserve special premises. Only personal protective equipment intended for the performance of work in the controlled zone may enter the controlled zone.
(6) In the controlled zone, young workers may not work, even for the purpose of preparing for a profession, pregnant workers, nursing workers and maternity workers, until the end of the ninth month after birth.
(7) Risk factors for working conditions, their breakdown, hygiene limits, their method of detection and evaluation, the controlled zones and the minimum extent of measures to protect the health of the worker are laid down in implementing legislation.
Prohibition of certain works
(1) Works with 2-naphthylamine and its salts, 4-aminobiphenyl and its salts, benzidine and its salts, 4-nitrodiphenyl and polychlorinated biphenyls, with the exception of mono- and dichlorinated biphenyls, and works with mixtures containing more than 0,1% of 2-naphthylamine and its salts, 4-aminophenyl and its salts, benzidine and its salts or 4-nitrodiphenyl or more than 0,005% of polychlorinated biphenyls are prohibited. The prohibition on such works shall not apply where research laboratory work, analytical work, work in the disposal of unnecessary supplies, waste and equipment containing such substances and mixtures and work in the disposal of scheduled substances, if they arise as an undesirable accompanying substance in the processing of another substance or mixture.
(2) Work with asbestos is prohibited. The prohibition on such works shall not apply if it concerns research laboratory work, analytical work, disposal work, waste and equipment containing asbestos, and work on the disposal of buildings and parts of buildings containing asbestos, or repairs and maintenance work on construction or work with a unique short-term exposure.
(3) Application of asbestos by injection and working procedures involving the use of heat or sound insulation materials with a density of less than 1 g / cm3 containing asbestos are prohibited.
COMPETITION AND SPECIFIC COMPETITION
Professional competence
(1) The employer is obliged to provide and carry out tasks in assessing and preventing risks to the life or health of the worker (hereinafter referred to as "risk prevention tasks"), taking into account:
(a) the risk to workers' safety and health at work in all areas of employer activity;
(b) basic knowledge and skills of staff;
(c) the number of employees, their professional capacity and their work.
(2) The employer may ensure the performance of risk prevention tasks, provided that he is competent or competent to do so in the cases and under the conditions referred to in paragraph 3 (a) and (b) himself, otherwise he is obliged to provide such tasks by a competent staff member employed by him in a labour relationship (6). If they do not have such a staff member, they shall be provided by another competent person. The professional employee of the employer or any other professional natural person shall be competent persons.
(3) Where the employer employs
(a) a maximum of 25 employees may provide risk prevention tasks themselves, provided that they have knowledge which complies with the requirements of the proficiency test referred to in Article 10 (1) to the extent appropriate to the professional or professional focus of the employer's activities;
(b) 26 to 500 employees may provide risk prevention tasks themselves, if they are competent to do so, or by one or more qualified persons;
(c) more than 500 employees, providing risk prevention tasks by one or more competent persons.
(4) The employer must:
(a) to provide the competent person with the necessary means and time needed to carry out the risk prevention tasks, in particular in relation to fixedterm workers, young workers, pregnant workers, breastfeeding workers, or child mothers by the end of the ninth month following the birth of the child and the staff of the Agency seconded to another employer;
(b) ensure a sufficient number of competent persons;
(c) provide documentation and information to the competent person
1. any facts and circumstances known to have or could have an effect on the safety of workers or cause harm to their health;
2. submitted to employees of another employer who have received work at the employer's workplace to ensure safety and health at work,
(d) ensure, in the cases referred to in paragraph 3 (b) and (c), the participation of a competent natural person in a regular assessment of the state and level of safety and health at work;
(e) to ensure synergies in the field of safety and health at work and fire protection by a competent natural person to provide risk prevention tasks with other employers' employees, with the trade union, with the staff council, with representatives in the field of safety and health at work, if elected by the employer, and with a competent natural person to provide risk prevention tasks with another employer whose employees perform their tasks at the employer's workplace; and
(f) to ensure synergies between a competent natural person and a provider of occupational medical services with whom the employer has a contract to provide occupational medical services.
(5) In carrying out risk prevention tasks, the competent person shall act in conjunction with the competent natural persons exercising their responsibilities under the specific legislation, the trade union organisation and the health and safety representative at work11).
(6) The employer shall provide the competent person with documents relating to accidents at work and occupational diseases and the necessary synergies.
(a) in order to avoid life and health12) taking into account the nature of the risk at its workplaces;
(b) the adoption of protective measures when it comes to work with an increased risk to workers' health;
(c) in the selection and selection of protective equipment.
(7) Where more than 1 competent person performs tasks in one employer's workplace in order to prevent risks, the employer shall specify in writing who will coordinate their activities.
(8) The care of management staff for safety and health at work under Articles 101 (2) and 302 (c) of the Labour Code is not affected by paragraph 3.
(1) The requirement of a natural person's professional competence to perform risk prevention tasks shall be:
(a) at least secondary education with maturity13),
(b) professional experience of at least 3 years if the natural person has received the training referred to in (a), or of at least 1 year if the natural person has obtained a higher education in the field of safety and health at work; professional practice is considered to be the period of activity in which a natural person provides risk prevention tasks or carries out occupational safety and health activities;
(c) a certificate of successfully completed proficiency test or periodic proficiency test ("periodic test"); and
(d) a certificate of competence for carrying out mining activities or activities carried out in a mining way, provided that it provides tasks in preventing risks in mining activities or in mining activities.
(2) The competence of a natural person for the activities of the safety and health coordinator at work at the construction site, hereinafter referred to as "the coordinator ', shall be subject to:
(a) at least a secondary education with a degree in technical training or technical training;
(b) professional experience of at least 3 years if the natural person has received the education referred to in (a), or of at least 1 year if the natural person has received a higher education in the field of occupational safety and health; the period of activity carried out in the preparation or implementation of buildings shall be considered as professional practice;
(c) a certificate of successfully completed proficiency test or periodic test; and
(d) a certificate of competence for carrying out mining activities or activities carried out in a mining way, if the coordinator is to carry out the activities of mining or mining activities.
(3) The certificate of proficiency is issued on the basis of the successful completion of the proficiency test. Any further proficiency test to which the applicant applies for a proficiency test if he has successfully passed the proficiency test in the past shall be considered as a periodic test. A certificate of successfully completed proficiency test or of successfully completed periodic examination shall be valid for 5 years from the date of its completion.
(4) Expert natural person for carrying out risk prevention tasks and coordinator
(a) maintain, for each calendar year, a chronological list of contracts for the performance of its activities as competent natural persons, in paper or electronic form, for the purpose of carrying out risk prevention tasks and of the coordinator, who shall carry out his or her name, surname and certificate number on his or her behalf and shall keep it for a period of 5 years from the date of the end of the calendar year to which he or she has been led;
(b) procured documents related to the performance of its activities as competent natural persons for the purpose of carrying out risk prevention tasks and the coordinator on his or her behalf and, where appropriate, by the names, surnames and number of the certificate; and
(c) notify the Ministry of Labour and Social Affairs (hereinafter referred to as "the Ministry") of changes to the data entered in the register of competent natural persons for the purpose of carrying out tasks in the prevention of risks and coordinators (hereinafter referred to as "the register of competent persons") within 15 days of their establishment.
(5) 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 Qualification14). The recognition authority is the Ministry. Before the start of a temporary or occasional activity 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 Professional Qualification15).
(6) The Ministry may withdraw the certificate if it has not been issued in accordance with this Act and its implementing legislation. For the issue of a certificate under the first sentence, the Ministry shall cancel accreditation to the accredited person who issued such certificate.
(1) The Ministry shall keep a register of competent persons whose purpose is to maintain data on the number and expertise of natural persons for the purpose of carrying out tasks in the prevention of risks and coordinators for the needs of the Ministry in order to ensure safety and health at work and for the provision of this information free of charge to other bodies under specific laws. This register is a public administration information system.
(2) The administrator and the operator of the register of competent persons is the Ministry.
(3) The following information shall be entered in the register of competent persons:
(a) the name and, where appropriate, the name, surname of the competent natural persons in risk prevention and coordinator;
(b) the address of the residence or place of permanent residence;
(c) the date of successful completion of the proficiency test or periodic examination;
(d) the certificate number with the expiry date of the certificate.
(4) In the case of a natural person to whom a professional qualification has been recognised within the meaning of Article 10 (5), the following information shall be entered in the register of competent persons:
(a) the name and, where applicable, the names and surnames of the person;
(b) the address of the residence or place of permanent residence;
(c) the date of successful completion of the proficiency test or periodic examination where the person holds the certificate referred to in Article 10 (3);
(d) the number of the certificate with the expiry date of the certificate, if it holds it;
(e) the number of the decision on recognition of professional competence pursuant to Article 10 (5).
(5) The register of competent persons is public, with the exception of those referred to in paragraph 3 (b) and (c) and in paragraph 4 (b) and (c).
(6) The data referred to in paragraphs 3 and 4 shall be kept in the register of competent persons for a period of 15 years from the expiry of the certificate.
(1) The Ministry shall immediately indicate in the register the changes to the data notified under Section 10 (4) (c) and the expiry date of the certificate.
(2) The Ministry shall immediately indicate the expiry of the certificate in the register of competent persons where the natural person:
(a) request it;
(b) he dies,
(c) has been declared dead; or
(d) has limited jurisdiction in accordance with specific legislation by the court.
Specific competence
(1) In the technical installations provided for in the implementing legislation with regard to their operation, installation, maintenance, inspection or repair, the work and activities may be performed separately and operated separately only by specially qualified staff.
(2) The condition of the staff member's specific competence shall be:
(a) medical fitness under specific legislation;
(b) vocational training provided for in implementing legislation;
(c) professional experience in the length and field provided for in the implementing legislation;
(d) compliance with the requirements laid down in paragraph 3 by the person who places on the market or distributes or, where appropriate, puts into service products which could significantly jeopardise the legitimate interest (17);
(e) a certificate of successful examination of special competence.
(3) Paragraph 10 (5) applies mutatis mutandis.
SAFETY AND HEALTH PROTECTION FOR ACTIVITIES OR PROVISION OF SERVICES WITHOUT WORKING LEGAL RELATIONS
Legal relations relating to the protection of health and safety in the field of activity or the provision of services outside employment relations
(a) an employer who is a physical person18) and who also works on his own;
(b) by a natural person who carries on a self-employed activity under special legislation19);
(c) the cooperating spouse or child of the person referred to in (a) or (b);
(d) a natural or legal person who is the contracting entity of the construction or its contractor and, where appropriate, is involved in the construction of the construction;
(e) other members of the family participating in the operation of the family plant under special legislation33),
Article 101 (1), (2) and (5), Articles 102, 104 and 105 of the Labour Code and Articles 2 to 11 shall apply taking into account the conditions of the activity or provision of services and their scope.
Where the employer or employee is mentioned in the Labour Code or part 1, this shall be understood as the person referred to in Section 12.
OTHER TASKS OF THE BUILDINGER OF THE BUILDING, HER CURRENT, THE CASE OF THE PHYSICAL PERSON COMPLETED TO THE BUILDING OF THE BUILDING, AND THE SAFETY COORDINATION AND HEALTH PROTECTION OF THE BUILDING WORK
(1) If employees of more than one contractor will be present at the construction site, the contracting entity shall designate one or more coordinators in writing, taking into account the type and size of the construction site and its complexity to coordinate measures to ensure safe and healthy work on the site. The coordinator according to the first sentence must be determined when the construction is being prepared from the start of the work on the design documentation for the construction process to its delivery to the contracting authority of the building and when the construction is carried out from the taking over of the construction site by the first contractor to the take-over of the completed construction by the contracting authority of the construction. The activities of the coordinator in the preparation and implementation of the construction may be carried out by the same person.
(2) The coordinator is a natural or legal person designated by the building contractor to carry out specified activities in the preparation of the construction or, where appropriate, in the implementation of the construction site. The coordinator may be identified by a natural person who fulfils the established competence criteria (Section 10). The legal person may carry out the activities of the coordinator, provided that his or her performance is ensured by a competent natural person. The coordinator cannot be the contractor, his staff member or any natural person who has the expertise to carry out the construction (20).
(3) Where the contracting authority designates several coordinators who act simultaneously in the preparation or implementation of the construction, it shall define in writing the rules for their cooperation. The contractor of the building, who is a natural person and who fulfils the established conditions of professional competence, shall not designate the coordinator if the coordinator's activities are carried out alone.
(4) The contractor of the building shall be obliged to create conditions for the activities of the coordinator, to provide the coordinator with all the supporting documents and information for his or her activities, in particular for the processing of the safety and health plan at work at the construction site (hereinafter referred to as the plan), including information on natural persons who may be present at the construction site with his or her knowledge, and to provide him with the necessary synergies. The contractor of the building shall also sign and commit all contractors, including persons referred to in § 12 or other persons, to cooperate with the coordinator throughout the preparation and implementation of the construction and to implement any measures laid down by the coordinator. Paragraph 17 is not affected by the first and second sentences.
(5) The coordinator shall, throughout the period of his designation, lay down measures to ensure safety and health at work and coordinate:
(a) cooperation between contractors, including those taking turns at the construction site;
(b) the activities of contractors to protect workers and to prevent accidents at work and risks; and
(c) the mutual information of contractors on the state of the art and the measures taken to ensure safety and health at the construction site.
(6) The duties of the coordinator referred to in paragraph 5 shall also apply to persons referred to in Article 12.
(7) From the date of its designation, the coordinator ensures the obligation of contractors pursuant to § 101 (3) and (4) (a) of the Labour Code by means of continuous familiarisation of the contractors with the plan and its updates.
(8) The coordinator is obliged to maintain confidentiality of all information and facts which he has learned about the activity and which cannot be disclosed to other persons unless otherwise provided for in specific legislation.
(9) When preparing and implementing buildings
(a) where there is no obligation to notify the start of works pursuant to Article 15 (1),
(b) carried out by the builder for himself under special legislature21),
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Regulation Information
| Citation | Act No. 309 / 2006 Coll., which regulates other requirements of safety and health at work in employment relations and on ensuring health and safety in the activity or provision of services outside employment relations (Act on other conditions of safety and health at work) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.06.2006 |
|---|---|
| Effective from | 01.01.2007 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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