Decree No. 340 / 1992 Coll.
Ordinance of the Czech Mining Authority on requirements for qualification and competence and 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
Valid
Effective from 01.07.1992
Contents
ČÁST PRVNÍ
DÍL I
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
DÍL II
§ 7
§ 8
DÍL III
§ 9
ČÁST DRUHÁ
§ 10
ČÁST TŘETÍ
§ 11
ČÁST PÁTÁ
§ 13
ČÁST ŠESTÁ
§ 14
ČÁST SEDMÁ
§ 15
ČÁST OSMÁ
§ 16
ČÁST DEVÁTÁ
§ 17
ČÁST DESÁTÁ
§ 18
ČÁST JEDENÁCTÁ
§ 19
ČÁST DVANÁCTÁ
§ 20
ČÁST TŘINÁCTÁ
§ 21
ČÁST ČTRNÁCTÁ
§ 22
ČÁST PATNÁCTÁ
§ 23
ČÁST ŠESTNÁCTÁ
§ 24
ČÁST SEDMNÁCTÁ
§ 25
ČÁST OSMNÁCTÁ
§ 26
340
DECLARATION
Czech Mining Office
of 21 May 1992
on the qualification and competence requirements and the verification of the 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
The Czech Mining Office pursuant to § 5 (3) and § 6 (6) (a) of the Czech National Council Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by the Czech National Council Act No. 542 / 1991 Coll., provides:
QUALIFICATION AND TRAINING
Qualification requirements
(1) Qualification according to this Decree means prescribed school education and prescribed practice in the relevant field.
(2) Qualification shall be demonstrated by the presentation of a diploma or diploma in respect of school education and by a certificate of practice.
(3) A race mine (1), which is a manager established to ensure the safe and professional management of the professional activity of a mining organisation under construction, mining, quarrying or liquidation (hereinafter referred to as "racing mines"), must have a university education of five years in the relevant field.
(4) Race quarry, (1) which is a senior officer established to ensure the safe and professional management of mining activities and activities carried out in a mining operation in a mining organisation under construction, mining, quarrying or destruction of the quarry, where more than ten workers (hereinafter "the quarry") are employed in that activity with an annual production of commercial mineral of more than 500 000 tonnes, must have a university education in the relevant direction and experience in the relevant field for five years. The boundaries of the number of workers are also considered by the sum of them when operating on multiple locations of one organisation.
(5) A racetrack with an annual production of a commercial mineral of less than 500,000 tonnes shall have a university education of the relevant direction and practice in the relevant field for one year or a higher vocational education of the relevant direction and practice in the relevant field for two years, or at least a full secondary vocational education of the relevant direction and practice in the relevant field for two years.
(6) A manager designated to ensure the safe and professional management of mining and mining activities shall have a university education of the relevant direction and practice in the relevant field for two years or a higher vocational education of the relevant direction and practice in the relevant field for three years, or at least a full secondary vocational education of the relevant direction and practice in the relevant field for four years.
(7) The Head of Unit and the staff competent for the performance of tasks in the field of safety and health at work2 (hereinafter referred to as the "Safety Technician") must have two years of higher education in the relevant field or a higher vocational education in the relevant field and three years of experience in the relevant field, or at least four years of complete secondary vocational education in the relevant field.
(8) A worker who designs or designs objects which are part of a mining activity or activity carried out in a mining way, (1) draws up plans and documentation relating to mining activity (3) (hereinafter referred to as "the designer"). They shall have a university education in the relevant direction and practice in the relevant field for one year or a higher vocational education in the relevant direction and practice in the relevant field for three years, or at least a full secondary vocational education in the relevant direction and practice in the relevant field for four years.
(9) A professional body worker, a professional workstation or an expert who, according to his designation by the Czech Mining Authority, is entitled to conduct expert assessments and to carry out examinations on the types of selected mining machinery, equipment, apparatus and instruments4 (hereinafter referred to as "expert expert") must have a university education course and experience in the relevant field for five years.
(10) A worker appointed to carry out technical overse1) (hereinafter referred to as "technical supervision") must have a university education in the relevant direction and practice in the relevant field for one year or a higher vocational training in the relevant direction and practice in the relevant field for two years, or at least a full secondary vocational education in the relevant direction and practice in the relevant field for two years.
(11) If the function of the race mine, safety technology and technical supervision is to be performed on a continuous mine, at a mine dangerous mine shock, through rock and gas breaks or on a coal mine, at least half of the prescribed practice is required to be carried out on such mine.
(12) The higher education of the relevant direction referred to in paragraphs 3 and 4 shall mean the successful completion of the University of Mining or Mining Faculty of Technical University.
(13) Education of the relevant direction referred to in paragraphs 5 to 10 shall mean the successful completion of schools in which the technical disciplines needed to carry out mining and mining activities are taught.
(14) In doubt whether it is the relevant course of education and the relevant field of practice, it shall decide:
(a) for racing mines and for racing quarries pursuant to paragraph 4, the Czech Mining Office;
(b) for other functions, the Circular Mining Office.
(15) The qualification of personnel engaged in mining and mining activities in an organisation shall be decided by the organisation, provided that specific requirements are not laid down by generally binding legislation5. For the purpose of carrying out the activity, the organisation shall designate only personnel who are competent to carry out the activity.
Professional competence
(1) According to this Decree, professional competence means a summary of technical and other expertise, as well as knowledge of generally binding legislation, in particular where it regulates the protection and use of mineral deposits, the safety of operations, safety and health at work, working conditions in mining and mining activities, fire protection in underground, the safety of technical equipment, the security of protected objects and interests against the effects of mining activities, the use of explosives in mining and mining activities, as well as the ability to apply them to mining and mining activities, to the extent necessary for the safe and reliable performance of work or functions.
(2) Where other additional competence is prescribed for the performance of mining and mining activities by other generally binding legislation6), these provisions shall not be affected by this Decree.
(3) Professional competence shall be verified by examination.
Verification of competence
(1) The authorities of the State Mining Administration verify competence
(a) a racing mine;
(b) the racetrack;
(c) the manager;
(d) safety technology;
(e) designer.
(2) Legal and natural persons carrying out a mining or mining activity, hereinafter referred to as "organisations," shall verify the competence of:
(a) technical supervision;
(b) other workers engaged in a mining or mining activity within the organisation.
Verification of professional competence by State Mining Authorities
(1) Except as otherwise provided in the Special Regulation (7), it shall verify the competence of the racetrack and quarries with an annual production of commercial mineral of more than 500,000 tonnes by an examination of the committee appointed by the Chairman of the Czech Mining Office; the test is written and oral.
(2) Professional competence
(a) racing quarries with an annual production of commercial mineral of less than 500,000 tonnes;
(b) other managers referred to in Article 3 (1) (c);
(c) security technicians;
(d) designers
verify by examination the panel appointed by the Chairman of the Circular Mining Office.
(3) An application shall be submitted to the competent authority for the examination referred to in paragraphs 1 and 2. The application shall be accompanied by evidence of qualification.
(4) The competent authority referred to in paragraph 3 shall be the district mining authority in whose district the mining or mining activity is to be carried out. Where such an activity is to be carried out in places falling within the districts of several district mining offices, the competent authority shall be the one in whose district the organisation carrying out the activity is established. In other cases, the person in whose territory the person applied for shall be responsible.
(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 technical functions, including the ability to manage subordinate personnel and the ability to deal with operational situations and incidents.
(6) The test result shall be assessed as passed or failed. A record of the test shall be made indicating the questions, the assessment of the answers and the result of the test.
(7) A certificate of competence to perform the duties shall be issued to the worker on the basis of a successfully completed test. 8)
(8) The failure test may be repeated not more than twice within the time limit set by the test panel, but not earlier than six months after the previous test.
(1) The certificate issued pursuant to Paragraph 4 (7) shall be valid to the extent specified therein throughout the Czech Republic.
(2) The certificate shall be valid for five years from the time it is issued. The extension shall be decided by the issuing authority.
(3) The validity of the certificate may also be renewed repeatedly, but for a maximum period of five years at any time, provided that the applicant has requested the extension and has demonstrated that he has carried out the relevant activity over the last five years at least three years.
(4) The certificate shall also cease to be valid if its holder has failed the periodic examination referred to in Article 7 or the certificate has been withdrawn. 9)
Verification of professional competence of organisations
The professional competence of technical supervision and personnel carrying out a mining or mining activity in an organisation shall be verified by an examination of the organisation in respect of which they are employed. The organisation shall proceed mutatis mutandis in the verification of competence under this Decree.
TESTS FROM SAFETY RULES
Periodic tests
(1) Any worker, with the exception of an expert expert, who will carry out a mining or mining activity, must be subjected to a safety test.
(2) The tests referred to in paragraph 1 shall be repeated within three years of the previous test.
(3) The examination of the personnel referred to in Articles 1 (3) to (9), as well as of the staff superior in technical matters, shall take place before a commission appointed by the chairman of the district mining office responsible under Article 4 (4). In case of doubt about the selection of such staff, the district mining office shall decide. Article 4 (3) applies to the application for such a test.
(4) The failure test referred to in paragraph 1 may be repeated no more than twice within the time limit set by the examination committee.
(5) The examination of the staff referred to in Article 1 (10) and (15) shall take place before the panel of the organisation. The test shall be carried out in accordance with this Order mutatis mutandis.
Test evidence
(1) After the test referred to in Article 6, an alert shall be made containing the particulars referred to in Articles 4 (6) and 6.
(2) The results of the examination shall be entered on the certificate of personnel referred to in paragraphs 3 to 9 of Article 1.
PROVISIONS TRANSITIONAL
(1) Workers who have successfully passed the test, according to the existing regulations (10), before the Czech Mining Office or the Regional Mining Office may, for a period of three months after the entry into force of this decree, perform the function of racing mines, racing quarries, managers and security technicians under this decree. At this time the organisation must report these workers to the test according to § 4. Natural persons may also apply.
(2) Projectors and experts who have carried out activities without testing in accordance with existing regulations must be certified in accordance with this Order within six months of the entry into force of this Order.
Amendment of the Central Mining Authority Directive of 1.4.1966 No 2200 / 66 for the establishment of a plan for the liquidation of major accidents in mining activities carried out in a surface manner, excluding surface operations in deep mines (surface emergency directive), as amended by the Decree of the Czech Mining Authority of 29.12.1987 No 6500 / 1987 and the Decree of the Czech Mining Authority of 12.10.1990 No 443 / 1990 Coll.
The Directive of the Central Mining Authority of 1.4.1966 No 2200 / 66 on the establishment of a plan for the disposal of serious accidents in mining activities carried out in a surface manner with the exception of surface operations in deep mines (surface emergency Directive), as amended by the Decree of the Czech Mining Authority of 29.12.1987 No 6500 / 1987 and the Decree of the Czech Mining Authority No 443 / 1990 Coll., is amended as follows:
1. in § 4 (1), § 6 (3), § 7 (2), § 10, § 13 (5), § 14 (1) and (2) and § 15, the words "race leader" shall be replaced by the words "race quarry or manager."
2. In Section 9, the words "head of organisation 'are replaced by the words" racetrack or manager'.
Amendment of Decree of the Czech Mining Office of 12.5.1976 No 3939 / 1976 and of the Federal Ministry of Transport of 13.7.1976 No 16.275 / 1976, which issue technical operating rules for mining tracks of surface brown coal mines (PTP-D)
The proceeds of the Czech Mining Office of 12.5.1976 No 3939 / 1976 and of the Federal Ministry of Transport of 13.7.1976 No 16.275 / 1976, which issue technical operating rules for the mine tracks of surface brown coal mines (PTP-D) shall be amended as follows:
In Articles 8 (3) and 47 (1), the words "the head of the mining undertaking 'are replaced by the words" the factory quarry'.
Amendment of the Decree of the Czech Mining Office of 12 October 1982 No 12 / 1982 Ú. v. ČSR on health protection at work and on safety of operation in vertical transport and walking in organisations subject to supervision of the State Mining Administration, as amended by the Decree of the Czech Mining Office of 7 July 1986 No 2373 / 86 and the Decree of the Czech Mining Office No 443 / 1990 Coll.
The proceeds of the Czech Mining Office of 12.10.1982 No 12 / 1982 Ú. v. ČSR on health protection at work and on safety of operation in vertical transport and walking in organisations subject to supervision by the State Mining Administration, as amended by the Decree of the Czech Mining Office of 7.7.1986 No 2373 / 86 and the Decree of the Czech Mining Office No 443 / 1990 Coll., are amended as follows:
In Articles 4 (8) and 4 (9), 6 (1), 7 (1), 4 (5) and (6), 13 (1), 47 (8), 48 (8), 54 (5), 83 (2), 84 (2), 86 (5), 90 (1), 91 (5) and 6 (c), 94, 95 (4), 100 (1) and (2), 141 (3), 148 (1) and (4), 154 (1), 188 (5), 192 (3), and 193 (1), the words "leading organisation 'shall be replaced by the words" factory mine or manager'.
Amendment of the Decree of the Czech Mining Authority of 18 August 1987 No 1003 s / 1987, which lays down the Code on Safety and Health at Work and on Safety of Operation for the Making Natural Cave and Works to Keep them Safe, as amended by Decree No. 72 / 1988 Coll., on Explosives
The proceeds of the Czech Mining Authority of 18.8.1987 No. 1003 s / 1987, which issue the Code on Safety and Health at Work and on Safety of Operation for the Making Natural Cave and Works to Keep them Safe, as amended by Decree No. 72 / 1988 Coll., on Explosives, are hereby amended as follows:
In Articles 2 (1) and (2), 5 (2), 19 (4), 178 (2), 190 (2) and 200 (1), the words "management 'are replaced by the words" management'.
Change of Decree of the Czech Mining Office of 29 December 1987 No 6500 / 1987 on plans to combat serious accidents in drilling and geophysical works and the extraction, treatment and underground storage of liquid minerals and gases in natural rock structures
The proceeds of the Czech Mining Authority of 29 December 1987 No 6500 / 1987 on plans to combat serious accidents in drilling and geophysical works and the extraction, treatment and underground storage of liquid minerals and gases in natural rock structures are amended as follows:
In Articles 3 (2) and 3 (4), 6 (2), 10 (1), 12 (3), 14 (1) and (4), 18 (1) and (2), 26 (2), 27 (1) and (3), and 28 (1) and (3), the words "management 'are replaced by the words" management'.
Change of Decree of the Czech Mining Office of 29 December 1987 No 4555 / 1987 on plans to combat serious traffic accidents in deep mines
The proceeds of the Czech Mining Authority of 29 December 1987 No 4555 / 1987 on plans to combat serious traffic accidents in deep-sea mines are amended as follows:
1. in § 3 (2), § 11 (1), § 12 (9), § 15 (1), (4) and (6), § 45 (1) and (3) and § 46 (1) and (3), the words "head of organisation" shall be replaced by the words "racing mines."
2. In Article 3 (3) and (4), the words "leading the mine 'are replaced by the words" racing mine';
3. Paragraph 23 is deleted.
Change of the decree of the Czech Mining Office of 11.1.1988 No 71 / 1988 on mining
The proceeds of the Czech Mining Authority of 11.1.1988 No 71 / 1988 on mining degausation are amended as follows:
In Articles 4 (5), 18 (1), 21 (1) and 24 (1), the words "the management organisation 'are replaced by the words" the racing mine'.
Amendment of the Order of the Czech Mining Authority No. 67 / 1988 Coll., on the Mining Rescue Service
Decree of the Czech Mining Authority No. 67 / 1988 Coll., on the Mining Rescue Service, is amended as follows:
In Articles 9 (1) and 16 (2), the words "the head of the organisation 'are replaced by" the racing mine'.
Amendment of the Order of the Czech Mining Office No. 72 / 1988 Coll., on Explosives
Decree of the Czech Mining Office No. 72 / 1988 Coll., on Explosives, is amended as follows:
1. In Article 27 (8), the words "the head of organisation 'are replaced by the words" the manager';
2. in § 97 (b), § 114 (4), § 121 (2) and § 123 (1), the words "the head of organisation" shall be replaced by "the racing mine."
Amendment of the Order of the Czech Mining Authority No. 22 / 1989 Coll., on safety and health at work and safety of operation in mining and mining activities in underground
Decree of the Czech Mining Authority No. 22 / 1989 Coll., on safety and health at work and safety of operations in mining and mining activities in underground are amended as follows:
1. in § 4 (7), § 10 (1) and (3), § 12 (1) and (3), § 15 (2), § 23 (2), § 307 (1), § 312 (9) and § 320 (9), the words "head of organisation" are replaced by the words "race mine or manager."
2. In Sections 82 (2) and 119 (2), the words "only by written order of the head of the organisation 'and the words" by agreement of the heads of these organisations' are replaced by the words "with the consent of the Regional Mining Authority '.
Amendment of the Order of the Czech Mining Authority No. 26 / 1989 Coll., on safety and health at work and safety of operation in mining and mining activities on the surface
Decree of the Czech Mining Authority No. 26 / 1989 Coll., on safety and health at work and safety of operations in mining and mining activities on the surface is 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 "head of organisation" shall be replaced by the words "race quarry or manager."
2. In Paragraph 65 (3), the words "responsible worker 'are replaced by the words" neighbouring factory mine or quarry'.
3. In Article 120 (3), the words "head of organisation 'are replaced by the words" racetrack'.
Amendment of the Order of the Czech Mining Authority No. 51 / 1989 Coll., on Safety and Health at Work and Safety of Operation in the Treatment and Processing of Minerals
The Order of the Czech Mining Office No. 51 / 1989 Coll., on Safety and Health at Work and Safety of Operation in the Treatment and Processing of Minerals is amended as follows:
In Articles 4 (5), 9 (1) and (2), 11 (2), 13 (2), 17 (2), 21 (2) and 133 (2), the words "the head of organisation 'are replaced by the words" a manager or a factory mine or a factory quarry'.
Change of the Decree of the Czech Mining Authority No. 1820 / 1989, which issues a safety regulation with a risk of rupture of rocks and gases
The yield of the Czech Mining Authority No 1820 / 1989, issuing a safety regulation with a risk of rock and gas bursts, is amended as follows:
In Articles 7 (5), 24 (5) and 31 (2), the words "head of organisation 'are replaced by the words" racing mine'.
Decree of the Czech Mining Office No. 415 / 1991 Coll., on the construction, preparation of documentation and determination of protective pillars, staples and bands for protection of mining and surface objects
Decree of the Czech Mining Office No. 415 / 1991 Coll., on the construction, preparation of documentation and determination of protection pillars, staples and zones for the protection of mining and surface objects is amended as follows:
In Articles 3 (4), 4 (4), 8 (1), 11 (4) (b) and 13 (4), the words "head of organisation 'are replaced by the words" racing mine or quarry'.
Repeal
The Order of the Czech Mining Office No. 103 / 1989 Coll., on the verification of the professional competence of workers for mining and mining activities is hereby repealed.
Efficacy
This decree shall take effect on the day of its publication.
Chairman:
v. JUDr. Ing. Makarius CSc. v. r.
1) Paragraph 6 (1) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 542 / 1991 Coll.
2) Article 6 (4) of Act No. 61 / 1988 Coll., as amended by Act No. 542 / 1991 Coll.
3) Articles 9 (1), 10 (1), 11 (1) and 13 (1) of Act No. 61 / 1988 Coll., as amended by Act No. 542 / 1991 Coll.
4) § 8 (3) and § 5 (a) of the Act No. 61 / 1988 Coll., as amended by the Act No. 542 / 1991 Coll.
5) For example, the ČBÚ Decree No. 12 / 1982 Ú. v. ČSR on the safety of operations in vertical transport and walking in organisations subject to supervision by the State Mining Administration, as amended by the ČBÚ Decree No. 16 / 1986 Ú. v. ČSR, the ČBÚ Decree No. 72 / 1988 Coll., the ČBÚ Decree No. 22 / 1989 Coll., on the safety and safety of operations in the mining activity and the safety of operations on the surface, and the ČBÚ Decree No. 51 / 1989 Coll., on the safety and health of operations in the mining activity and on the surface.
6) E.g. the Order of the Czech Office of Safety of Labour and the Czech Mining Office No. 50 / 1978 Coll., on professional competence in electrical engineering, as amended by the Order of the ČÚBP and the ČBÚ No. 98 / 1982 Coll., and the Order of the ČBÚ No. 72 / 1988 Coll., on explosives.
7) For example, the ČBÚ Decree No. 60 / 1989 Coll., on the revised deadlines of electrical equipment and on the testing and checking of revision technicians of such equipment in organisations subject to the top supervision of the authorities of the State Mining Administration.
8) § 41 paragraph 1 (h) of the ČNR Act No. 61 / 1988 Coll., as amended by the ČNR Act No. 542 / 1991 Coll.
9) § 45 of the Act No. 61 / 1988 Coll., as amended by the Act No. 542 / 1991 Coll.
10) The Office's Safety Code of 5 January 1966 No 100 / 1966 on the testing of workers of economic organisations from upper and related regulations (Reg. in the amount of 3 / 1966 Coll.). ČBÚ Decree No. 13 / 1981 Coll., on the examination and assessment of the competence of certain staff. Decree No. 103 / 1989 Coll., on the verification of the professional competence of workers for mining and mining activities. ČBÚ Decree No. 67 / 1988 Coll., on the Mining Rescue Service.
Contents
ČÁST PRVNÍ
DÍL I
§ 1
§ 2
§ 3
§ 4
§ 5
§ 6
DÍL II
§ 7
§ 8
DÍL III
§ 9
ČÁST DRUHÁ
§ 10
ČÁST TŘETÍ
§ 11
ČÁST PÁTÁ
§ 13
ČÁST ŠESTÁ
§ 14
ČÁST SEDMÁ
§ 15
ČÁST OSMÁ
§ 16
ČÁST DEVÁTÁ
§ 17
ČÁST DESÁTÁ
§ 18
ČÁST JEDENÁCTÁ
§ 19
ČÁST DVANÁCTÁ
§ 20
ČÁST TŘINÁCTÁ
§ 21
ČÁST ČTRNÁCTÁ
§ 22
ČÁST PATNÁCTÁ
§ 23
ČÁST ŠESTNÁCTÁ
§ 24
ČÁST SEDMNÁCTÁ
§ 25
ČÁST OSMNÁCTÁ
§ 26
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Czech Mining Authority No. 340 / 1992 Coll., on the requirements for qualification and competence and on the verification of the 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 |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 01.07.1992 |
|---|---|
| Effective from | 01.07.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0