Full text of Act No. 338 / 2005 Coll.
Full text of Act No. 174 / 1968 Coll., on State Professional Safety Supervision, as resulting from subsequent amendments
Valid
Declared full text
338
PRESIDENT OF THE GOVERNMENT
Announces
the full text of Act No. 174 / 1968 Coll., on State Professional Safety Supervision, as follows from the amendments made by Act No. 575 / 1990 Coll., Act No. 159 / 1992 Coll., Act No. 47 / 1994 Coll., Act No. 71 / 2000 Coll., Act No. 124 / 2000 Coll., Act No. 151 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 362 / 2003 Coll., Act No. 436 / 2004 Coll. and Act No. 253 / 2005 Coll.
THE LAW
on national occupational safety professional supervision
State expert supervision of the safety of reserved technical installations shall be carried out by state professional supervision organisations established solely for this purpose by the Ministry of Labour and Social Affairs (1). If more than one organisation of state professional supervision is established, their responsibilities shall be defined by the Ministry of Labour and Social Affairs when they are set up.
The organisation of state professional supervision shall be subordinate to the State Labour Inspection Office. The Minister for Labour and Social Affairs shall appoint and dismiss the directors of the state professional supervision organisations.
(1) The competence of state professional supervision organisations applies to all legal persons (hereinafter referred to as "organisations") and to natural persons engaged in business activities in respect of the pursuit of such activities (hereinafter referred to as "business natural persons").
(2) The scope of state professional supervision organisations does not apply
(a) to activities, workplaces and technical installations subject to special supervision by the authorities of the State Mining Administration;
(b) technical installations, subject to specific regulations on the supervision of the authorities on the defence, transport and informatics sectors, to premises with which the Ministry of Interior or the organisational component of the State which is set up to perform the tasks of the Ministry of Interior is responsible and to technical installations subject to the specific legislation of the State Office of Nuclear Security;
(c) to technical installations, before they are placed on the market, provided that they are intended to be assessed in accordance with a special law (1a), unless otherwise provided for in a regulation of the Government, issued for its implementation.
cancelled
(1) Organisation of state professional supervision referred to in Article 1 in the conduct of safety oversight of reserved technical installations
(a) provide expert and binding opinions on whether technical equipment safety requirements are met when designing, constructing, manufacturing, assembly, operation, service, repair, maintenance and revision of dedicated technical equipment;
(b) carry out inspections, manage and evaluate tests, in the cases provided for, to certify that the dedicated technical equipment and materials used for their manufacture comply with the rules on the safety of technical equipment; confirm the successful results of the tests in the specified cases;
(c) verify, in specified cases, the professional competence of organisations and business natural persons for the production, assembly, repair, revision, testing of reserved technical installations and filling of containers of gases, and authorise them to do so;
(d) examine and certify the competence of natural persons to test, revise, repair, install or operate dedicated technical equipment.
(2) Authorised personnel of a state professional surveillance organisation shall be entitled to enter the premises of organisations and the premises of operating natural persons in order to carry out supervision and to require the necessary documents, information and conditions to be implemented.
(3) State professional supervision organisations shall carry out the activities referred to in paragraph 1 for fees set out in the implementing regulation issued by the Ministry of Labour and Social Affairs in agreement with the Ministry of Finance.
(4) The activities of state professional supervision organisations are not covered by the general rules on administrative management5).
(1) Reserved technical installations are installations with an increased risk to the health and safety of persons and property subject to supervision under this Act. They are technical equipment pressure, lifting, electrical and gas.
(2) Depending on the degree of danger, dedicated technical equipment shall be classified in classes or groups, as appropriate, and a method of checking the professional competence of organisations, commercial natural persons and natural persons for activities on such facilities shall be laid down.
(1) Organisation and business natural persons
(a) ensure, when placing into service and operating dedicated technical installations, security measures and inspections, revisions and tests, where appropriate; in the manufacture of dedicated pressure equipment, unless they are covered by a government decree issued for the implementation of the Special Law (1a),
(b) they may install, repair, carry out revisions and tests of dedicated technical equipment, fill vessels of gases and produce dedicated pressure equipment, unless they are covered by a government regulation in force in implementation of the Special Act (1a), only if they are competent and have an authorisation under § 6a (1) (c);
(c) ensure that only natural persons who are competent and, in specified cases, hold certificates carry out tests, revisions, repairs, assembly or servicing of dedicated technical equipment.
(2) The requirements of professional competence of organisations and business natural persons shall be the necessary technical equipment and competence of their personnel.
(3) The conditions of competence of natural persons referred to in paragraph 1 (c) shall be:
(a) reaching the age of 18;
(b) medical fitness in accordance with the Specific Regulations (6);
(c) the prescribed qualification,
(d) period of experience in the field;
(e) the certificates referred to in Article 6a (1) (d), where they carry out revisions and tests of dedicated technical equipment, repairs, installation of dedicated gas equipment of the 1st class or operation of dedicated pressure equipment - boilers.
(4) Certificates for activities on dedicated technical installations issued by a state professional surveillance organisation shall be valid for five years from the date of issue.
The organisation of state professional supervision shall cooperate with the relevant trade unions and central trade unions, the relevant cooperative bodies and cooperative organisations, employers' organisations and trade unions, the relevant central, local and other public authorities and shall inform them of the measures taken to remedy the deficiencies identified in their activities. All these authorities and organisations shall provide on request to national professional surveillance organisations the supporting documents and information necessary for the exercise of such supervision.
(1) Workers of state professional surveillance organisations shall be obliged to maintain confidentiality of the facts which they have learned in connection with the exercise of their activities under this Act and to inform operators before entering the premises of organisations and operating areas of operating natural persons.
(2) The State shall be responsible for the damage caused by the workers referred to in paragraph 1 in the course of activities under this Act; that responsibility cannot be waived.
(1) Ministry of Labour and Social Affairs by Decree
(a) determine which technical installations within the competence of the authorities and the organisation of state professional supervision (Section 3) are considered to be reserved and, at the same time, determine their classification in classes or groups where appropriate;
(b) lay down detailed conditions for dedicated technical installations as regards their level of safety, location, installation, repair, operation, inspections, revisions, testing and operational documentation;
(c) specify the conditions for the professional competence of organisations and business natural persons with regard to the necessary technical equipment and professional competence of their staff and establish the way in which they are qualified;
(d) specify the conditions for the competence of natural persons with regard to the required qualifications and periods of professional experience in the field and establish the way in which they are qualified.
(2) The authority of the Ministry of Labour and Social Affairs to lay down by decree referred to in paragraph 1 more detailed conditions for the safety of reserved technical equipment pursuant to Article 6b before they are placed on the market may be applied only if they are not subject to a government regulation in force for the implementation of a special law 1a).
Judicial review
Judicial review shall exclude decisions issued by a state-of-the-art oversight organisation when carrying out safety oversight of dedicated technical equipment pursuant to § 6a (1) (a) to (d).
(1) The following shall be deleted:
(a) Paragraph 13 and 14 of Act No. 67 / 1960 Coll., on the production, distribution and use of heating gases (Gas Act), as amended by Act No. 64 / 1962 Coll.,
(b) Government Decree No. 53 / 1952 Coll., on ensuring the safety and economy of the operation of certain technical installations,
(c) Decree of the Ministry of Agriculture, Forestry and Water Management No. 114 / 1962 Coll., on State technical supervision of machinery used in agriculture and on safety and health protection at work with these machines.
(2) The scope of the authorities in the field of safety oversight and technical equipment, carried out so far under the rules referred to in paragraph 1, passes to the authorities established under this law.
This Act shall take effect on 1 January 1969.
Annex to Act No. 174 / 1968 Coll.
cancelled
* * *
Act of the Czech National Council No. 575 / 1990 Coll., on Measures in the System of Central Authorities of the Czech Republic, became effective on 1 January 1991.
The Act of the Czech National Council No. 159 / 1992 Coll., amending and supplementing Act No. 174 / 1968 Coll., on State Professional Supervision of Safety at Work, as amended by the Act of the Czech National Council No. 575 / 1990 Coll., became effective on 1 April 1992.
Act No. 47 / 1994 Coll., amending and supplementing the Act of the Czech National Council No. 2 / 1969 Coll., on the Establishment of Ministries and other Central Authorities of the Czech Republic, as amended, and Act No. 174 / 1968 Coll., on State Professional Supervision of Safety at Work, as amended, became effective on the date of its publication (21 March 1994).
Act No. 71 / 2000 Coll., amending Act No. 22 / 1997 Coll., on technical requirements for products and amending and supplementing certain laws, and certain other laws, came into force on the date of its publication (3 April 2000).
Act No. 124 / 2000 Coll., amending Act No. 174 / 1968 Coll., on State Professional Safety Supervision, as amended, Act No. 61 / 1988 Coll., on Mining Activities, Explosives and the State Mining Administration, as amended, and Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, became effective on the first day of the second calendar month following the date of its publication (1 July 2000).
Act No. 151 / 2002 Coll., amending certain laws in connection with the adoption of the Administrative Rules of Procedure, became effective on 1 January 2003.
Act No. 309 / 2002 Coll., on the amendment of the laws relating to the adoption of the Act on the Service of Civil Servants in Administrative Offices and on the remuneration of such staff and other servants in Administrative Offices (Staff Act) takes effect on 1 January 2007.
Act No. 320 / 2002 Coll., on the amendment and repeal of certain laws in connection with the closure of the activities of the district authorities, became effective on 1 January 2003.
Act No. 362 / 2003 Coll., on the amendment of the laws related to the adoption of the Act on the service relationship of members of the Security Corps, takes effect on 1 January 2006.
Act No. 436 / 2004 Coll., amending certain laws in connection with the adoption of the Employment Act, took effect on the first day of the third month following its publication (1 October 2004).
Act No. 253 / 2005 Coll., amending certain laws in connection with the adoption of the Labour Inspection Act, became effective on 1 July 2005.
Prime Minister:
Ing. Paroubek v. r.
1) Section 31 of the Act of the Czech National Council No. 576 / 1990 Coll., on the Rules of Management of the Budget Funds of the Czech Republic and of the Municipality of the Czech Republic (Budget Rules of the Czech National Council No. 579 / 1991 Coll., Act of the Czech National Council No. 166 / 1992 Coll., Act of the Czech National Council No. 321 / 1992 Coll., Act of the Czech National Council No. 10 / 1993 Coll. and Act No. 189 / 1993 Coll.
1a) § 12 of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll.
5) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
6) Article 6 (1) of Act No. 20 / 1966 Coll., on the care of the health of the people, as amended. Directive of the Ministry of Health No 49 / 1967 of the Ministry of Health Bulletin on the Assessment of Health for Work (registered in the amount of 2 / 1968 Coll.), as amended.
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Regulation Information
| Citation | Full text of Act No. 338 / 2005 Coll., Act No. 174 / 1968 Coll., on State Professional Safety Supervision, as seen from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.09.2005 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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