Government Decree No. 339 / 2017 Coll.

Government regulations on closer requirements for the organisation of work and working practices in the forest and in workplaces of a similar nature

Valid Regulation Effective from 01.01.2018
339
GOVERNMENT REGULATION
of 18 September 2017
on closer requirements for the organisation of work and working practices in the forest and in workplaces of a similar nature
The Government hereby orders, pursuant to Article 21 (a), to implement Article 5 (2) of Act No. 309 / 2006 Coll., which regulates other requirements of safety and health at work in employment relations and on health and safety at work or provision of services outside employment relations (Act on other conditions of safety and health at work):
§ 1
(1) This Regulation lays down more detailed requirements for the organisation of work and working procedures which the employer is obliged to ensure when working in forests and workplaces of a similar nature with regard to the activity carried out, technological procedures, working conditions, workplace specificities and the possibility of endangering adverse weather conditions, animals or insects.
(2) This Regulation shall not apply to rescue and liquidation operations carried out by components of an integrated emergency rescue system under another legislation (1).
§ 2
For the purposes of this Regulation:
(a) work in the forest and at workplaces of a similar nature of work carried out in the maintenance of forests, parks, orchards, shore crops, accompanying green watercourses, roads and in the circumference of the runway and in the removal and disposal of trees and other crops which threaten the safe and reliable operation of the electrical system or gas installations, or, where appropriate, the removal of crops which threaten the operation of heating installations, cultivation, tree treatment, extraction, concentration, handling, storage and removal of timber, standing-up work and all work carried out with a portable chain saw or bushes;
(b) a single employee who, during work hours, is alone in the workplace without supervision and does the work;
(c) a self-employed member of staff who is employed in the workplace alone with supervision;
(d) the vulnerable area of the area in which the staff member is exposed to a danger to his health and safety; the shape and size of the vulnerable area is determined for each type of work;
(e) wood chipped or otherwise harvested by a sectoral tree of the whole length, or any assortment of wood resulting from handling or other processing of the tree, or branches thereof,
(f) a chain saw portable engine tool, the cutting tool of which is an endless saw chain in a guide bar (hereinafter referred to as "saw chain"), operated by one employee, including the adapters used,
(g) engine-operated shrubs with a rotating disc, knife or string,
(h) hand tools with tool blade capable of cutting, stabbing or cutting edges;
(i) by means of a means of transport or by means of a means of transport by road vehicle, designed and equipped for carrying wood;
(j) a mechanical means of working or transport which is equipped with a propulsion unit (engine), operated by an employee and used for work in the forest and in a similar workplace;
(k) a harvestor of a multi-operation forestry machine designed for felling and securing trees, measuring and sifting timber and for clearing timber from stump to exporting line;
(l) an exporting set of forestry machinery designed to balance timber, branches and residues, where appropriate;
(m) the calamity of forest damage caused by the action of biotic or abiotic agents to the extent that the authority of the State administration authorises the management of forest conservation measures under the Forest Act (2);
(n) partial damage to forest land by breaks, half-gates and coughs,
(o) a local operational safety regulation governing in particular the working technological procedures for the use of machinery, technical equipment, means of transport and tools and the rules on their movement and movement of workers in the premises and at the workplace of the employer.
§ 3
(1) The employer shall determine the working procedures and arrangements for organising the work (3) with regard to the activity carried out, the technological procedures, the specificities of the workplace, the working conditions, the safety of each work operation and the possibility of endangering adverse weather conditions, animals or insects.
(2) Before commencing work, the employer shall familiarise the staff with the specified working procedures and arrangements for organising the work referred to in paragraph 1 and shall equip them with the appropriate personal protective equipment. A single employee or a self-employed worker must be familiar with the rules on communication between workers at the workplace or for communication with the employer.
(3) In view of the risks of work, the nature of the workplace and the number of employees, the employer must ensure that workers working with a chain saw, shrubbery or hand tools with a blade are provided with the means to provide first aid, including the provision of means enabling the medical emergency service provider to be called.
(4) The employer must ensure that a single employee or a self-employed employee discontinues work if they cannot continue their work in a safe manner and inform the employer of the interruption without undue delay.
(5) An alert shall be made on the transfer of the workplace to another employer, which shall include information on the risks and measures taken to prevent them from acting.
(6) The employer must ensure that instructions for the operation and maintenance of machinery, technical equipment, means of transport and tools are followed throughout the work in the forest and in workplaces of a similar nature.
§ 4
Work in forests and workplaces of a similar nature must be organised by the employer in such a way that working with a chain saw, operating mechanical equipment and concentrating of wood by tractor, horse or rope equipment is carried out only by employees who have been trained and trained in this activity and whose knowledge and skills have been verified by the employer.
§ 5
Cultivation work
(1) During the cultivation work, the employer must ensure that workers:
(a) carry safely hand tools with blades;
(b) when working with shrubs, they comply with the regulations to ensure safety and health at work and safety of technical equipment and do not use shrubs with the removed protective cover of the cutting tool and without the prescribed hanging device;
(c) check the fixing of the cutting tool and its technical condition before and during work;
(d) the engine of the brush-cutting engine has stopped running at a distance of more than 50 m at the workplace, unless otherwise stated by the manufacturer of the brush-cutting engine, or unless the conditions of safe operation require the engine to stop running at a lower distance;
(e) transport shrubs with a disassembled cutting tool or with a guard on the cutting tool blade.
(2) The employer must ensure that there is no other natural person present in the vulnerable area other than the operator when working with the shrub. a circular area of 15 m radius shall be considered as an endangered area when working with a shrub, unless the shrub-cut manufacturer determines this radius to be larger.
§ 6
Wood production
(1) The employer must ensure that the staff member takes into account the type of wood, the diameter and height of the strain, the age and the state of health of the tree and the shape of the crown and sets out the direction of felling.
(2) When cutting down a tree, the employer must ensure that workers do not work
(a) alone;
(b) the weather situation in which the specified direction of felling cannot be safely observed for the felled tree;
(c) the weather situation where the corrected temperature is -15 ° C and below;
(d) under reduced visibility, if it is impossible to keep an eye on at least twice the height of the felled tree;
(e) on slopes where other workers work simultaneously when there is a risk of spontaneous movement of timber;
(f) in an endangered area of a suspended or cut-off standing tree into which the fall of that tree can be assumed, proportionally enlarged in relation to tilting, the size of the angle between the heel and the tip of the tree and the terrain,
(g) in the case of sectioning, debarring or shortening of trees at a distance of less than 5 metres between each other;
(h) simultaneously on one tree.
(3) In mining activities, the employer must ensure that employees do not cut down another tree over a tree suspended, enter a hanging tree, release a hanging tree by cutting down the tree on which the hanging tree lies, and cut down the hanging tree on the blocks.
(4) The employer must ensure that, when a tree is cut down, i.e. from the beginning of the main cut to the impact of the tree on the ground, in an endangered area which means a circular area of at least twice the height of the cut-down tree, no natural persons are found except for the beaker, the beaker's assistant or, where appropriate, the cutting-out manager.
(5) The work of self-employed workers in logging must be organised by the employer in such a way as to ensure that they are checked regularly at least every 30 minutes during working hours and that the worker does not work under conditions where he cannot ensure the safe cutting of trees himself.
(6) In extractive activities, the employer must ensure that all workers and other natural persons who move with the employer's knowledge in an area where there is a danger, in particular, of the fall of branches and trees, use protective helmets.
(7) The employer must ensure that, before the tree is cut down, the staff member has a rearward-facing retreat from the intended direction of fall of the tree so that he can retreat before the tree reaches the ground; At the same time, they must ensure that the nearby surrounding of the cut-off tree is cleaned from the obstacles, the cutting off of the reinforced roots and the cutting of the lower part of the tree, so that the branches are cut off by the running part of the saw chain in a top-down direction, up to the height of the employee's shoulders.
(8) When cutting a tree with a diameter above 15 cm on the stump, the employer must ensure that the directional cut is made to the depth of one fifth to one third of the tree diameter; The height of the directional cut shall be equal to two thirds of its depth and the main cut shall be conducted horizontally in the upper half of the directional cut. In order to ensure the safe fall of the tree in the specified direction, the cut-off of the main cut of at least 2 cm wide shall be maintained. In the case of a tree up to 15 cm in diameter on the stump, the directional cut may be replaced by a horizontal cut. A suitable device, such as a lumberjack blade or wedge, shall be inserted against the clamping of the chainsaw and to guide the tree into the direction of fall.
(9) The employer must ensure that the stem switch is used when cutting trees tilted out of the centre of gravity, sprung or frozen. When working on the elastic trees, the employer must ensure that the first cut is carried out on the pressure side, the strain cut is done on the pull side and that the employee is outside the direction of the elasticity.
(10) The employer must ensure that the work is carried out from the top of the slope above the tree when securing, debarring and manipulating the tree on the slope.
(11) The employer must ensure that, in the case of mechanised logging, the work is prepared before the application of the machinery for logging, so that the crops are broken down, the number and direction of the clearance lines for the concentration of timber and the number and marking of the corresponding handling and storage areas are determined; the stability of the mechanism must be respected at the same time. When using multiple mechanisation devices in one workplace, their operation must be coordinated.
(12) An endangered area when using a harvestor means a circular area with a radius of at least twice the height of the felled tree, extended by the length of the machine's working arm. When using an export kit, the area at risk shall be the circular area of the radius of at least the length of the exported or processed timber, extended by the length of the machine's working arm.
§ 7
Processing of reflows, reflows, half-returns and breaks and working under difficult conditions
(1) The employer must ensure that the processing of pollooms and individual reflows, half-returns and breaks is carried out only by employees who have been trained and their knowledge and skills verified by the employer for this activity with regard to the processing of calamities.
(2) The employer must ensure that the vertigo, half-gate and cut-up standing or hanging trees are first released. If a hanging tree cannot be released even after all available options have been exhausted during working hours, the vulnerable area must be secured against the entry of unauthorised persons and the suspended tree released no later than the following calendar day. One of the following ways can be used when releasing a suspended tree
(a) the release of the tree by means of a mechanising device or cover;
(b) the rotation of the suspended tree around its longitudinal axis;
(c) removing the heel of the tree with a lever;
(d) the nodding of the tree in the transverse axis of the trunk;
(e) release with a special retractor.
(3) When processing polices, the employer must ensure that:
(a) the employee did not work alone;
(b) all access routes and approach lines have been given priority;
(c) the extraction process has been directed from the approach lines to the grassland, preferably removing breaks, suspended and half-returned trees;
(d) the rivets purchased have been processed after the tree has been pulled out by a mechanical means;
(e) prior to each cutting operation, except for sectorisation, the staff member had a safe withdrawal route prepared;
(f) when cutting off the vomit, the root cake has been safely secured against reversing before the tree is separated; if the root cake is tilted in the direction of the lying tree, the strain may be separated at a distance equal to the height of the pie, or further,
(g) in the field conditions available for the mechanising agent, the root cake has been returned to its original position after the strain separation and subsequently processed;
(h) the return of the root cake to its original position has in no way been carried out by means of a rope machine.
(4) The employer must ensure that working under difficult working conditions, in particular cutting down trees in the vicinity of the railway, in the case of roads and marked routes, as well as all activities in which the life or health of natural persons not involved in forest work or in workplaces of a similar nature may be compromised, are carried out only under the permanent supervision of one or more persons provided by the employer.
§ 8
Work with chain saw
(1) The employer must ensure that chain saws are not used without:
(a) cover of moving parts of the chainsaw, except the active parts of the saw chain;
(b) an effective anti-vibration system;
(c) chain captors;
(d) effective chain safety brakes; and
that these safety features are fully operational during use of the chainsaw.
(2) The employer must ensure that chain saws with an internal combustion engine are not used without:
(a) exhaust silencers,
(b) the connections of the automatic switching off of the chain during the idle operation of the engine;
(c) functional palm fuses, located at the top of the rear handle of the chain saw.
(3) The employer must ensure that the chainsaw is operated only by an employee over 18 who is fit for that activity.
(4) The employer must ensure that, when working with a chain saw, the employee always uses protective clothing and working footwear resistant to cutting and other personal protective equipment provided by the employer, taking into account the manufacturer's instructions on the use of the chain saw.
(5) When working with a chain saw, the employer must ensure that employees
(a) do not carry out work from the ladder;
(b) do not hold cut wood with their hands or feet;
(c) before and during work, check the condition of the safety features of the chainsaw and, if the safety features are not functioning, do not use the chainsaw;
(d) start the chainsaw in a way that does not endanger workers or other natural persons present at the workplace and in accordance with the manufacturer's instructions for the service of the chainsaw;
(e) stop the engine running of a chainsaw if it moves at a distance of more than 150 m at the workplace, unless the conditions of safe work require the engine to stop running at a smaller distance;
f) while crossing with a chain saw with engine in operation, they always blocked the operation of the saw chain by the safety brake chain,
(g) carry a chain saw with a protective cover attached or with a disassembled cutting part;
(h) stop the engine of a chainsaw if they repair and maintain the engine or cutting parts of the chainsaw, except for the carburetor adjustment;
(i) not working alone;
(j) when refilling the chainsaw fuel, they have taken due care to ensure that the risk of fire occurs when the fuel comes into contact with the hot parts of the chainsaw and have consistently followed the manufacturer's instructions for operating the chainsaw.
(6) The employer must keep a record of the results of the revisions, checks and repairs of the chainsaw throughout its operation.
§ 9
Wood concentration
(1) When concentrating wood, the employer must ensure that:
(a) the permitted lateral availability of the mechanising device, as specified by the manufacturer, is not exceeded;
(b) the staff members did not enter the concentrated timber and did not cross it as it moved;
(c) there has been no free concentration of timber in the workplace where there is a risk of spontaneous movement of timber;
(d) the staff do not stay in the inner angles of the winch rope, between the ropes, under the ropes, under the suspended load and in the extended direction of the strained ropes and do not guide the load of hands when the winch ropes are in motion;
(e) there are no loose-laying tools in the machinery cab;
(f) other persons have not been carried outside the cabin when driving; by the approach of the trees in the cabin,
(g) the ban on entry into the vulnerable area has been complied with and safety marks, markings and signals have been used, and the obstacles from the approach lines have been removed before the start of the concentration of timber, and the areas at risk for individual operations, in particular those for filling fuel and maintenance of used equipment, and the number and location of timber landfills have been determined;
(h) the concentration of timber by helicopter has been carried out on the basis of a local operational safety regulation prepared for the workplace;
(i) in the workplace, where there is a risk of spontaneous movement of timber and the loss of stability of the mechanisation device during operation, the wood is removed by means of a guide pulley; the loosening of wood on the slope of hand tools and the tether fastening must always be carried out from the top of the slope above the lying tree,
(j) when concentrating wood by rope equipment, the retracting drums are triggered only by the mark of the worker who attaches or releases the wood, while the specified signaling has been used, and the worker who attaches or releases the wood has followed its movement and has moved in such a way that it does not be affected by any loose pulley, torn wire or rolling wood; when the wood is caught with an obstacle, a signal shall be given to stop the cable equipment from running;
(k) the natural gradient of the concentrated timber referred to in Article 11 (2) is respected in landfills.
(2) When concentrating the wood with a horse's clothing, the employer must ensure that it is removed from the cover on a time-basis before it is fixed or removed from the wood, in order to avoid possible injury to the worker during sudden movement of the cover; further to accompany the towed timber at a safe distance, on the slope from the top of the cover, in the corners leading the horse from the inside and not rigging around the hand or body while leading the horse.
(3) Exceptionally, in the case of a weak and short range of timber, the clearance and transfer of timber is carried out manually. No natural persons shall be present in the vulnerable area when the slopes are opened freely.
§ 10
Wood transport
(1) When transporting timber, the employer must ensure that the workers:
(a) do not carry out loading on a means of transport or unloading from a means of transport which is not ensured against movement and rollover;
(b) do not stay in the vulnerable area of loaded or folded timber;
(c) they do not carry timber which is not secured against movement and falling out of the means of transport;
(d) they did not enter between the kit and the landfill after the clans had been released,
(e) and other natural persons moving in the area of loaded or folded timber use protective helmets.
(2) The wood shall be placed on the loading surface of the means of transport in such a way that the load on the clans does not exceed more than half the shale of the strain and the centre of the load does not exceed the height of the clans by more than 35 cm. For exit to the loading area, the outboard shall be equipped with ladders or fixed steps.
(3) In order to operate with lifting equipment in the protection zone of electrical system equipment or in its immediate vicinity, the employer must comply with the requirements of the special legislature4).
§ 11
Handling and storage of wood
(1) When handling and storing timber, the employer must ensure that workers:
(a) do not place a shortening saw on the handling line unless the wood is at rest and stabilised;
(b) they did not cut the crosses and used hand tools to roll the wood to the conveyor;
(c) do not move along the construction of above-level conveyors and do not cross longitudinal conveyors when operating outside the designated crossings;
(d) do not enter stored timber;
(e) they have not manually removed the ropes from the winch, and have not crossed them if they are moving, and have not remained in the endangered area of the scattered wood.
(2) In order to prevent the voluntary movement of timber during its free storage in a landfill, the employer must ensure that the natural inclination of stored timber is not exceeded; the locking wedges are used to ensure that they are used. The natural inclination is that of the side of a pile of wood, in which, when the lowest layer is secured against the spreading, the other layers of wood are not self-distributed without being secured against the spreading. Such inclination shall not exceed 1,73: 1.
(3) When rolling the logs manually, the employer must ensure that the wood stored does not exceed 1,5 m in height; handling is carried out on individual pieces of wood stored in one layer using hand tools.
§ 12
Working in heights
(1) When working in areas (5) on standing trees, the employer must ensure that workers:
(a) have not worked in the crown of a standing tree unless they are equipped for work at altitudes; only one employee may work in the crown of a standing tree and must be secured by another employee at the foot of the tree,
(b) have not worked in a weather situation where there is a dangerous fluctuation in the trees' crowns;
(c) have not operated at air temperature, corrected for air flow, below -10 ° C during working hours;
(d) have not worked alone;
(e) they used specified means to climb into the crotch of the trees, in particular safety harness or binding belts and steel tights.
(2) Before starting work at the height of standing trees, the employer must define the vulnerable area and lay down the rules for signalling between the ground-based employee and the height-based worker. Hand tools are transported to the tree crown using rope, its use is provided by the designated employee.
(3) The employer must ensure that cutting off the branches of the crown of the standing tree by means of a chainsaw is carried out from the working platform or, if this is not possible for reasons of the nature of the terrain, using other special techniques designed to work at heights. The staff member and the chainsaw shall be secured against the fall by means of separate means fixed outside the working zone when entering the tree crown, during work and during descent.
(4) For working at heights with chain saw, the employer must ensure that the local operational safety regulation is processed.
§ 13
Repeal
Government Decree No. 28 / 2002 Coll., laying down the method of organisation of work and working procedures which the employer is obliged to provide in the forest and in workplaces of a similar nature.
§ 14
Efficacy
This Regulation shall enter into force on the first day of the third calendar month following its publication.
Prime Minister:
Sobotka v. r.
Minister for Labour and Social Affairs:
Mgr. Marks v. r.
1) Act No. 239 / 2000 Coll., on the Integrated Rescue System and on the amendment of certain laws, as amended.
2) Paragraph 32 (2) of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act), as amended by Act No. 67 / 2000 Coll.
3) Section 7 of the Labour Code. Section 12 and 13 of the Act on the Protection of Health and Safety at Work.
4) For example, Act No. 458 / 2000 Coll., on the Terms and Conditions of Business and on the Performance of Government Administration in the Energy Sector and on the Amendment of Certain Laws (Energy Act), as amended.
5) Government Decree No. 362 / 2005 Coll., on Closer Requirements for Safety and Health at Work at workplaces with a risk of falling from height or depth.

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Regulation Information

CitationGovernment Decree No. 339 / 2017 Coll., on closer requirements for how work is organised and working practices in the forest and in workplaces of a similar nature
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation19.10.2017
Effective from01.01.2018
Effective until-
Status Valid
The regulation text is for informational purposes only.
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