Government Decree No. 361 / 2007 Coll.
Government Regulation laying down conditions for health at work
Valid
Regulation
Effective from 01.01.2008
Contents
ČÁST PRVNÍ
§ 1
ČÁST DRUHÁ
HLAVA I
§ 2
HLAVA II
Díl 1
§ 3
§ 3a
§ 3b
§ 4
§ 4a
§ 5
Díl 2
§ 6
§ 7
Díl 3
§ 8
HLAVA III
Díl 1
§ 9
§ 10
§ 11
§ 12
§ 12a
Díl 2
§ 13
§ 14
§ 15
Díl 3
§ 16
§ 17
§ 18
Díl 4
§ 19
§ 20
§ 21
HLAVA IV
Díl 1
§ 22
§ 23
Díl 2
§ 24
§ 25
§ 25a
Díl 3
§ 26
§ 27
§ 27a
Díl 4
§ 28
§ 29
§ 30
HLAVA V
§ 31
§ 32
§ 33
HLAVA VI
§ 34
§ 35
HLAVA VII
§ 36
§ 37
§ 38
HLAVA VIII
§ 39
ČÁST TŘETÍ
HLAVA I
§ 41
§ 42
§ 44
HLAVA II
§ 45
§ 45a
§ 45b
§ 45c
HLAVA III
§ 46
§ 47
§ 48
§ 49
HLAVA IV
§ 50
HLAVA V
§ 51
§ 52
HLAVA VI
§ 53
HLAVA VII
§ 54
§ 55
HLAVA VIII
§ 55a
§ 55b
ČÁST ČTVRTÁ
§ 56
§ 57
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361
GOVERNMENT REGULATION
of 12 December 2007
laying down health conditions at work
The Government mandates pursuant to Section 21 (a) of Act No. 309 / 2006 Coll., which regulates further requirements for safety and health at work in employment and for ensuring health and safety at work or provision of services outside employment (Act on other conditions of safety and health at work) and for the implementation of Act No. 262 / 2006 Coll., Labour Code, as amended:
SUBJECT MATTER OF THE ADJUSTMENT
(1) This Regulation implements the relevant provisions of the European Union1) and provides for provisions of the directly applicable European Union24)
(a) risk factors for working conditions, their breakdown, methods and method of detection, health limits;
(b) how risk factors are assessed in terms of the protection of the health of the worker (hereinafter referred to as "health risk assessment");
(c) the minimum extent of the measures to protect the health of the worker;
(d) conditions for the provision of personal protective equipment and their maintenance when working with lead, chemicals or mixtures which are absorbed by the skin or mucous membranes, and chemicals, mixtures or dust, which have an irritant effect on the skin, carcinogens, mutagens and substances toxic to reproduction, asbestos, biological agents and in the burden of cold or heat;
(e) closer conditions for the provision of protective beverages;
(f) closer hygiene requirements for the workplace and working environment;
(g) closer requirements for the organisation of work and working practices in heat or cold loading, chemical substances, mixtures, dust, lead, asbestos, biological agents and physical loads;
h) closer requirements for working with imaging units;
(i) certain emergency control measures which increase exposure to a level which may lead to an immediate risk to health or life ("excessive exposure") of the worker exposed to the chemical, mixture or dust;
(j) the extent of information to protect health at work with lead, under excessive exposure to chemical carcinogens, mutagens or substances toxic to reproduction, with biological agents and under physical stress;
(k) minimum requirements for the content of staff training at work which is or may be a source of exposure to asbestos or dust from material containing asbestos.
(2) Work carried out at the workplace which is not or is only partially protected from external influences ("outdoor workplaces') shall not be subject to the conditions laid down in Sections 36 to 38, 41, 42, 47, 51, 52 and Annex 1 to this Regulation, Part C. An outdoor workplace is considered an underground workplace.
(3) Works performed as an artistic activity, with the exception of works of art, are not subject to the conditions laid down in Sections 13 to 21, Sections 36 to 39, Sections 43, 48, 49, 51, 52, Annex 1 to this Regulation, Part C and Annexes 2, 4, 7 and 9 to this Regulation.
(4) This Regulation shall apply to legal relations relating to the protection of health in the field of activity or the provision of services outside labour relations to the extent provided for by the law on the provision of additional conditions of safety and health at work2).
(5) Under this Regulation, the conditions for the protection of the health of secondary school pupils in practical training, students of higher vocational schools in practical training and students in practical teaching and practice are assessed.
(6) This Regulation is without prejudice to the general technical requirements for construction (3). This Regulation shall not apply where the specific requirements for the working environment and workplaces and the procedures for the detection and evaluation of risk factors for working conditions, as provided for by the specific legislation4) or directly applicable European Union5).
RISK FACTORS OF WORKING CONDITIONS, THEIR MEMBERS, INSURANCE, HEALTH RISK ASSESSMENT AND HEALTH PROTECTION CONDITIONS
MEMBERS OF WORKING CONDITIONS RISK FACTORS, OBSERVATIONS AND EVALUATIONS
Basic breakdown
(1) The risk factors of microclimatic conditions are broken down into heat and cold loads; chemical factors are broken down into substances and mixtures in general, lead, dust, carcinogens, mutagens, substances toxic to reproduction and asbestos; the biological agents are broken down into groups; the physical load is divided into total physical load, local muscle load, working position and manual handling of loads.
(2) If it is not possible to proceed with the detection and evaluation of risk factors of working conditions under this Regulation, the method contained in the Czech technical standard containing these methods (6) shall be followed, the result being considered to be proven within the limits of determination, accuracy and correctness. When using a method other than those contained in the Czech technical standard, it must be demonstrated that the method used is validated and corresponds to scientific knowledge.
(3) Risk factors for noise, vibrations, non-ionising radiation, optical radiation and ionising radiation, their method of detection and evaluation, their health limits and the conditions of protection of workers' health at work exposed to these risk factors are regulated by specific legislation7).
HEALTH PROTECTION CONDITIONS FOR WORKING WITH RISK FACTORS OF MICROCLIMATIC CONDITIONS
Heat load
Heat load assessment
The heat load at work is determined by the amount of metabolic heat resulting from muscle work and environmental factors, meaning air temperature (ta), resulting temperature of the spherical thermometer (tg), operating temperature (to), air flow rate (va) and relative humidity (Rh).
Definition of terms
For the purposes of assessing heat loads under this Regulation, the government shall:
(a) a long-term permissible heat load, a load limited by the amount of fluid lost at work from the body sweat and breathing, which for an acclimatised woman or man is not more than 2,160 g.m-2, corresponding to the loss of 3,9 litres of fluid per eight-hour shift for a standard person with a surface area of 1,8 m2;
(b) a short-term permissible heat load limited by the quantity of accumulated heat in the body which may not exceed 180 kJ.m- 2 for employees acclimatised or unacclimatised This value corresponds to an increase in the body's internal environment by 0.8 ° C, an increase in mean skin temperature by 3.5 ° C and an increase in heart rate to no more than 150 beats. min-1,
(c) the long-term permissible working time during which the long-term permissible heat load is achieved;
(d) the short-term working time during which the heat permissible load is achieved in the short term;
(e) the metabolic heat of the amount of heat generated by the worker's body at work corresponding to the energy expenditure associated with the work;
(f) energy expenditure (M), expressed in gross terms, including the basal metabolism BM, the unit being 1 watt per m2 of male or female body surface; The energy output shall be determined by measuring or orienting the tabular values according to the Czech technical standard on the ergonomy of the thermal environment (7b), for the indicative determination of the energy output may be used for example types of work in Annex 1 to this Regulation, Part A, Table 1,
(g) a non-outdoor workplace with a non-maintained temperature of a closed workplace, naturally ventilated or where combined or forced ventilation is used for ventilation;
(h) a non-outdoor workplace with a maintained temperature as a technological requirement of the workplace with a maintained temperature necessary to create and maintain standardised heat-humidity conditions to protect production, product or product;
(i) an air-conditioned non-outdoor workplace where forced ventilation is used for ventilation to ensure the required cleanliness, temperature and humidity.
Heat load at the workplace
(1) Heat load at work according to § 3a (g) or § 3a (g) (h) shall be evaluated according to the average operating temperature (this), which is the temperature calculated as the time-weighted average for the effective working time, which is the time reduced by the duration of the food and rest break and the safety break or the average of the individual measured time intervals over the entire eight-hour or longer shift, when it comes to working stations with changing temperatures, from air temperature (ta), resulting temperature of the spherical thermometer (tg), air flow rate (va). An average operating temperature rating may be replaced by an assessment based on the resulting temperature of the spherical thermometer (tg), provided the air flow rate (va) is equal to or less than 0,2 m.s-1.
(2) The heat load for work included in classes I to V in accordance with Annex 1 to this Regulation, Part A, Table 1 to be carried out at the workplace referred to in paragraph 1 shall be assessed with regard to compliance with the permitted microclimatic values as set out in Annex 1 to this Regulation, Part A, Table 2.
(3) The permissible setting values of the micro-climatic conditions for air-conditioned workplaces of Classes I and IIa are set out in Annex 1 to this Regulation, Part A, Table 3. At the same time, the requirements for permissible vertical temperature inequality as set out in Annex 1 to this Regulation, Part A, Table 4, shall be met. The requirements set out in Table 4 shall also be complied with at the workplace referred to in Section 3a (g) where the work included in Classes I and IIa of Annex 1 to this Regulation, Part A, Table 1 is carried out.
(4) For continuous or repeated monitoring of the heat load level at work, which has already been evaluated on the basis of measurements according to the methodology for measuring the microclimate parameters of the working environment and the internal environment of buildings, published in the Ministry of Health Bulletin, only the measurement of the air temperature by a calibrated thermometer that meets the requirements of the specific legislation7a) can be used. The air temperature measurement shall be carried out at the places where the previous temperature measurement was carried out according to that methodology. Verified results shall be considered valid unless conditions have changed determining the proportion of the radiant component and the share of the energy expenditure of workers in their total heat load. Measurements with a calibrated thermometer shall also be used under these conditions to verify the heat load level to detect fluid loss.
(5) The heat load at the outdoor workplace is evaluated according to the resulting temperature of the spherical thermometer. Air flow and relative humidity are not taken into account.
Long-term and short-term work time, work regime and security breaks
(1) In the event that at work classified in Class IIb to V in accordance with Annex 1, Part A, Table 1, performed at the workplace pursuant to § 3a (g), § 3a (h) or in the outdoor workplace the permissible heat load values for acclimatised workers as set out in Annex 1 to this Regulation, Part A, Table 2, shall be complied with, a regime for alternating work and safety breaks within the framework of compliance with the long-term and short-term permissible working hours in exchange. Compliance with the permissible values under Table 2 shall not be required for work in Class I and IIa at the workplace under Section 3a (g) on an exceptionally warm day which means the day on which the maximum outdoor air temperature has reached a value exceeding 30 ° C; in that case, compensation must be granted for the loss of fluid to the extent set out in Table 5.
(2) The long-term and short-term permissible working time in the exchange for acclimatised and unacclimatised staff is determined according to the calculation of the heat balance according to the Czech technical standard governing the ergonomics of the thermal environment - analytical determination and interpretation of thermal stress by calculation of the predicted heat load 7b).
(3) The long-term permissible heat load is assessed differently for employees acclimatised and unacclimatised to the heat conditions at the workplace under consideration. The staff member shall be regarded as an acclimatised staff member who has worked for a period of at least 3 weeks after taking up his duties. In the case of an unacclimatised employee performing a job classified in Class IIb to V, where the permissible heat load values listed in Annex 1 to this Regulation, Part A, Table 2, are exceeded at the workplace, for a period of 3 weeks after taking up such work, the long-term permissible working time shall be reduced by 30%.
(4) When assessing long-term and short-term permissible heat load, direct measurements can be made, namely measurement of water loss by sweat and breathing, temperature of the body's internal environment and heart rate. The method of measuring water loss by sweat and breathing, the temperature of the body's internal environment and heart rate shall also be used to determine the long-term and short-term permissible working time for a worker who must use special protective reflective clothing, active cooling and ventilation clothing or waterproof clothing.
Fluid loss
(1) The hygienic limit for the loss of liquids in the heat load is 1.25 litres per eight-hour shift. Compensation for loss of liquids and minerals shall apply where, for work classified in accordance with Annex 1 to this Regulation, Part A, Table 1 results in loss of liquids exceeding the hygiene limit of 1,25 litres. The compensation for fluid loss shall be granted to the extent set out in Annex 1 to this Regulation, Part A, Table 5.
(2) The determination of the loss of fluid under heat load shall only be carried out by measuring if the work is carried out in a special protective reflex clothing, in an active cooling and ventilation clothing, in a working clothing which reduces the evaporation of sweat or in an environment where the relative humidity of the working air is greater than 80%.
Minimum health measures and closer requirements for how work is organised
(1) If, in accordance with § 4a (2), the loss of fluid for an eight-hour shift for an employee is equal to or greater than 3,9 litres, the long-term and short-term workload shall be determined by an individual computation (7b).
(2) In a workplace with a shift length of more than 8 hours, the loss of fluid by sweat and breathing due to the working and heat load of the shift shall not exceed the permissible limit of 3,9 litres of fluid loss by more than 20% and shall not exceed the short-term working hours.
(3) When a worker comes into contact with the surface of a solid material whose temperatures exceed those set out in Annex 1 to this Regulation, Part E shall be ensured that the unprotected skin of the worker does not come into direct contact with it.
(4) The long-term and short-term permissible working hours at the deep-sea mine workplace and the procedure for calculating the working cycles and safety breaks are laid down in Annex 1 to this Regulation, Part C.
Cold load
Cold load assessment and closer requirements on how to organise work and work procedures
(1) A staff member may be exposed to a cold load only if he is performing work corresponding to the energy output of 106 W.m-2 and higher at an outside workplace where the operating or resulting temperature as a technological requirement is to be maintained below the minimum temperature laid down in Annex 1 to this Regulation, Part A, Table 2, or when he is working at an outdoor workplace with a corrected air temperature of 4 ° C or below, or in the event of an emergency.
(2) The air temperature corrected for the effect of flowing air is as set out in Annex 1 to this Regulation, Part D.
Minimum health measures, closer hygiene requirements for workplaces
(1) If the maintained operating or resulting temperature as a technological requirement or the corrected air temperature at the workplace falls below 10 ° C, the staff member shall be equipped with a working clothing which shall have such thermal insulation characteristics as are sufficient to ensure the thermal neutral conditions of the human body expressed by the temperature of the internal environment of the body 36 to 37 ° C. When the temperature of the workplace falls to 4 ° C and below, the employee must also be equipped with gloves and a cold-proof work shoe. In order to determine the necessary thermal insulation properties of the working clothing sufficient to ensure the thermal neutral conditions of the human organism and the maximum permissible cold exposure time, the Czech technical standard governing the ergonomics of the thermal environment - evaluation of thermal insulation of clothing and resistance of clothing against evaporation 8) and Czech technical standards governing the ergonomics of the thermal environment - determination and interpretation of cold stress by means of necessary insulation of clothing (IRQ) and local effects of the cold30) shall be followed.
(2) In the case of work performed for more than 2 hours per shift at maintained operating or resulting temperature as a technological requirement or at a corrected temperature of 4 ° C and below, the staff member shall be entitled to a security break at the heating plant; the heater is equipped with a hand-heating device. The safety break shall take at least 10 minutes.
(3) If the work associated with handling material of a temperature of 10 ° C or lower does not require the use of cold gloves and the type of work requires direct contact with the heat-resistant skin of the hand, the staff member must be allowed a safety break to warm the hands for a minimum of 5 minutes after such work has been completed.
(4) When working at a maintained operating or resulting temperature as a technological requirement or corrected temperature, the work of the staff member shall be adjusted so that its continuous duration does not exceed 3 hours at 13 to 4,1 ° C, 4 to -10 ° C, 2 hours at -10,1 to -20 ° C, 1 hour at -20,1 to -30 ° C. When determining the necessary thermal insulation of clothing, the Czech technical standard governing the ergonomics of the thermal environment is followed - the determination and interpretation of stress from cold by the necessary insulation of clothing (IREQ) and local effects of cold30).
(5) The work shall be adjusted so as not to be carried out by the staff member at an outdoor workplace where the corrected air temperature is below -30 ° C, unless it is about urgent repair, deterrence of life or health hazards, in natural and other emergencies; the protection of workers' health is ensured for this purpose by alternating workers or other organisations of work according to specific conditions of work. At a corrected air temperature of -30 ° C and below, the exposed skin shall not be exposed for more than 10 minutes.
(6) Inputs in a workplace where the work carried out for 4 hours per shift and longer (hereinafter referred to as "permanent work"), which is opened directly into the outdoor area during the working hours, are, in the winter and transitional periods when the corrected outdoor air temperature is below the minimum temperature set out in Annex 1, Part A, Table 2, or below the maintained operational or resulting temperature as a technological requirement, secured against outdoor air entry.
Protective beverages
Further conditions for the provision of protective drinks
(1) A protective drink is provided to protect health against the effects of heat or cold loads. The protective drink must be healthy and must not contain more than 6,5% by weight of sugar, but may contain substances that increase the resistance of the organism. The quantity of alcohol in it shall not exceed 1% by weight; However, a protective drink for a young worker shall not contain alcohol. A protective drink protecting against heat loads shall be provided in a quantity equal to at least 70% of the loss of fluids and minerals by sweat and breathing for an eight-hour shift. A protective drink to protect against cold loads shall be provided warm, at least half a litre per eight-hour shift.
(2) In the case of work included in Classes I to IIIa under Annex 1 to this Regulation, Part A, Table 1, as a protective drink, natural mineral water is provided with poorly mineralised, spring water or water meeting similar microbiological, physical and chemical requirements to those of the designated waters.
(3) In the case of work classified in accordance with Annex 1 to this Regulation, Part A, Table 1, to Class IIIb to V, natural mineral water is provided as a protective drink with medium mineralised or water with similar total mineralisation. The quantity of this protective drink shall be limited to half of the 70% liquid loss compensation; the other half of the protective drink shall be the protective drink referred to in paragraph 2.
(4) A protective drink protecting against heat loads is also provided for in permanent work in heat loads classified under the Act on the Protection of Public Health 9) in category 4.
(5) A protective drink protecting against cold loads is provided when working on
(a) a non-outdoor workplace where the operating or resulting temperature must be maintained as a technological requirement below 4 ° C;
(b) an outdoor workplace where the corrected air temperature is below 4 ° C.
HEALTH PROTECTION CONDITIONS FOR CHEMICAL FACTORS AND DRIVING
General procedures and protection against excessive exposure
Hygienic limits, method of detection and evaluation
(1) The hygiene limit of the chemical in the working air is the permissible exposure limit and the maximum permissible concentration. The exposure limit is permitted by the hygiene limit of dust in the working air.
(2) The permissible exposure limit of a chemical or dust is the exchange-weighted average of the concentrations of gases, vapours or aerosols in the working air, which, according to the current state of knowledge, may be exposed to by an employee in an eight-hour or shorter shift of weekly working time, without causing damage to his health even if he is exposed to a lifetime of work, his working capacity and performance. The permissible exposure limit shall be set for work where the average pulmonary ventilation of the worker does not exceed 20 litres per minute per eight-hour shift. The concentration of a chemical or dust in the working air, the source of which is not a technological process, shall not exceed 1 / 3 of their permissible exposure limits; This does not apply to asbestos, since stricter criteria are laid down for this.
(3) The procedure for establishing the permissible exposure limit of a mixture of chemicals, the determination of the permissible exposure limit of a chemical in higher pulmonary ventilation and the procedure for establishing the permissible exposure limit in excess of the eight-hour shift are set out in Annex 2 to this Regulation, Part B.
(4) The maximum permissible concentration is the concentration of a chemical that can be exposed to workers continuously for a short time without experiencing eye or airway irritation or endangering their health and reliability. When assessing working air, the maximum permissible concentration may be compared to the time-weighted average concentration of the substance measured for a maximum period of 15 minutes, unless otherwise specified in Annex 2 to this Regulation, Part A. Such 15-minute sections with an average concentration greater than the permissible exposure limit but not exceeding the maximum permissible concentration may be at least 4 hours apart during an eight-hour shift. The time-weighted mean of the concentrations for the whole shift shall not exceed the permissible exposure limit.
(5) The list of chemicals and their permitted exposure limits and maximum permitted concentrations are set out in Annex 2 to this Regulation, Part A. The lists of dust and their permitted exposure limits are set out in Annex 3 to this Regulation, Part A, Tables 1 to 5.
(6) The method of measurement and evaluation of inhalation exposure to chemicals and dust in working air is laid down in Annex 3 to this Regulation, Part C. Inhalation exposure means exposure to chemicals or dust measured in the worker's breathing zone.
(7) The method of measuring breathable and respirable fraction of elongated dust by gravimetric method is adapted in Annex 3 to this Regulation, Part D.
(8) The method of sampling dust containing asbestos in the working air and their processing is laid down in Annex 3 to this Regulation, Part B.
(9) The limit values for gases and vapours shall be given either as a volumetric concentration in ppm independent of the instantaneous temperature and pressure, or as a mass concentration in mg.m-3 at 20 ° C and a pressure of 101,3 kPa dependent on these quantities. The limit values for aerosols are given in mg.m-3 for actual environmental conditions in terms of temperature and pressure. The limit values for fibres are given in the number of fibres / cm3 for actual environmental conditions in terms of temperature and pressure at the workplace.
Health risk assessment
(1) The assessment of the health risk to workers exposed to chemical, mixture or dust at work includes:
(a) detection of chemical, mixture or dust in the workplace;
(b) the detection of hazardous properties of a chemical, mixture or dust which may affect the health of the worker;
(c) use of data from the safety data sheet and other sources relating to chemical safety;
(d) determination of the level, type and duration of exposure;
(e) a description of the technological and working operations with a chemical, mixture or associated with the development of dust;
(f) use of data on permitted exposure limits, maximum permitted concentrations or monitoring of exposure from available sources;
(g) an assessment of the effect of the measures taken to protect the health of the worker at work;
(h) the use of conclusions from medical examinations and examinations already carried out, the use of conclusions from emergencies and other information from available sources;
(i) the conditions under which excessive exposure to a chemical or mixture may occur as a result of an emergency.
(2) The assessment of the health risk of a chemical, mixture or dust must also include maintenance or cleaning work and work where an employee can be exposed to excessive exposure to a chemical, mixture or dust.
Minimum measures to protect health at work, closer hygiene requirements for workplace and working environment
(1) In the case of a chemical or mixture which is absorbed by the skin or mucous membranes, and in the case of a chemical, mixture or dust that has an irritant or sensitising effect on the skin, it is necessary to ensure that the employee is equipped with an appropriate personal protective device.
(2) When working with a chemical, mixture or dust, adequate and effective ventilation and local suction from the source of the chemical, mixture or dust shall be ensured and technical and technological measures shall be applied to help reduce the level of the chemical, mixture or dust in the working air.
Minimum health protection measures against excessive exposure
(1) If, in the event of an emergency, the available technical measures are insufficient to limit the excess exposure of the worker to the chemical or dust to an acceptable level, they shall:
(a) until the causes of the situation which led to excessive exposure to the chemical or dust have been remedied, the number of workers in that workplace shall be limited to those performing the necessary work;
(b) personnel performing the work referred to in (a) shall be provided with personal protective equipment corresponding to chemical or dust and the expected exposure rate;
(c) the contaminated area is defined by the controlled zone, if it is an exceptional occurrence associated with the leakage of a chemical, mixture or dust into the working environment and the definition of the controlled zone is useful due to the nature of the leaked substance, the mixture and its quantity;
(d) the period of exposure to the chemical or dust of the worker who carries out the necessary work in the controlled zone is reduced to the minimum possible;
(e) the control measurement of the chemical, mixture or dust is ensured after the removal of the causes of the emergency, whenever they can be expected to be present in the working environment, even after all the measures leading to the disposal of the emergency have been completed.
(2) The acceptable rate referred to in paragraph 1 shall be the reduction of exposure to a chemical, mixture or dust not exceeding their permitted exposure limit or, if it is a chemical or mixture, 1 / 3 of its maximum permissible concentrations.
Teaching pupils may only, to the extent necessary for the fulfilment of the framework training programmes and while maintaining health protection, treat:
(a) dangerous chemicals or chemical mixtures classified as toxic, substances and mixtures pursuant to the directly applicable European Union regulation on chemicals and chemical mixtures (24) which have the wrong class or classes and categories or hazard categories of acute toxicity category 3 or specific target organ toxicity following a single or repeated exposure of category 2, substances and mixtures classified as corrosive, substances and mixtures classified as highly flammable and extremely flammable, as well as substances and mixtures under the directly applicable regulation of the European Union on chemicals and chemical mixtures (24), which have a hazard class and hazard category of hazard category H314, substances and mixtures classified as highly flammable and extremely flammable, as well as substances and mixtures according to the directly applicable regulation of the European Union on chemicals and chemical mixtures (24) having a hazard class and hazard category 1 or 2 or mixtures classified as highly flammable gases of category 1 or 2 or mixtures under the directly applicable European Union regulation of category 1;
(b) chemical substances or chemical mixtures classified as highly toxic or substances and mixtures in accordance with the directly applicable European Union Regulation on chemicals and chemical mixtures (24) which have the wrong class and category or hazard category of acute toxicity category 1 or 2 or specific target organ toxicity following single or repeated exposure to category 1 only under the direct supervision of a person with a professional competence under another legislation25).
The restrictions or prohibitions laid down in other legislation concerning the treatment of chemicals or chemical mixtures referred to in points (a) and (b) shall not apply. This is without prejudice to the protection of pregnant young pupils, young pupils who are breast-feeding and young pupils until the end of the ninth month after birth.
Lead
Health risk assessment, health protection information
(1) When working with lead, where lead may be absorbed into the human organism, the method and extent of exposure of the lead worker must be assessed and the resulting health risks assessed.
(2) For the evaluation of the exposure of a lead worker, the biological exposure test for the determination of the concentration of lead in the blood ("plumbemia ') shall be a decisive indicator; plumbaemia is determined using absorption spectroscopy or a method providing equivalent results. The limit value of plumbaemia is determined by a decree regulating the conditions for classifying work into categories and the limit values of biological exposure tests38).
(3) An example list of activities in which a lead worker may be exposed is set out in Annex 4 to this Regulation.
Identification and evaluation of exposure, health information
(1) If the concentration of lead in the working air is greater than 1 / 3 of the permissible exposure limit set out in Annex 2 to this Regulation, Part A, but lower than that permissible exposure limit, it shall be ensured that the staff member has a plummie at least once a year and that the measurement of lead in the working air is carried out at least once a year.
(2) If the provider of occupational health services informs the employer, under the Public Health Protection Act (11), that the limit value of plumbemia for the employee has been exceeded and that the concentration of lead in the working air is higher than the permissible exposure limit set out in Annex 2 to this Regulation, Part A, it shall be ensured that the plumbemia of the worker is set between 2 and 6 months and the measurement of the concentration of lead in the working air is carried out every 3 months. The frequency of the measurement of lead in the working air shall be reduced to one year, unless two consecutive determinations lead to an excess of the limit value of plumbasemia.
(3) If the provider of occupational health services informs the employer, under the Public Health Protection Act (11), that the value of plumbemia in an employee is greater than 0,09 mg / l of blood or in women of child-bearing age is greater than 0,045 mg / l of blood, it must be ensured that the plumbemia in an employee is determined at least once a year; women of child-bearing potential for the purposes of this Regulation shall mean women from 18 to 46 years of age.
(4) The health risk assessment must be repeated whenever it is suspected that the current risk assessment is incorrect or that changes in technology, material used or work organisation have occurred at the workplace.
Minimum measures to protect health at work, closer hygiene requirements for workplaces, closer requirements for working procedures
(1) Where effective measures to limit the exposure to lead cannot be taken due to their nature or complexity within 30 calendar days, and further determination of plumbaemia shows that the staff member has exceeded the limit value of plumbaemia, the employer must ensure that the staff member is not exposed to lead in any shift section.
(2) Where a staff member has been found to have repeatedly exceeded the limit value of plumbemia, the measures necessary to determine the causes of such overrun and to eliminate them shall be implemented without delay.
(3) In order to limit the risk of lead entering the employee's body, a dedicated area must be provided in which the employee can eat and drink without exposure to lead.
(4) The staff member shall be equipped with suitable working clothes for working with lead and other personal protective equipment required. Washing and cleaning of work clothes can only be done in a laundry or dry cleaners which are designed and equipped for this type of work. When transported from the workplace, the working clothes must be stored in a closed container.
Chemicals and mixtures classified as carcinogenic, mutagenic and toxic for reproduction
Carcinogens, mutagens and substances toxic to reproduction and working processes at risk of chemical carcinogenicity
(1) Chemical carcinogens, mutagens or substances toxic for reproduction are classified
(a) substances classified as chemical carcinogens of categories 1A and 1B, mutagens of categories 1A and 1B, and substances toxic to reproduction of categories 1A and 1B, in accordance with the directly applicable regulation of the European Union on chemicals and chemical mixtures (24); a non-threshold toxic substance is considered to be a substance for which there is no safe exposure level for workers' health and which is thus identified in Annex III to Directive 2004 / 37 / EC of the European Parliament and of the Council); a substance toxic to reproduction with threshold values is considered to be a substance with a safe exposure level below which there is no risk to the health of workers and which is thus identified in Annex III to Directive 2004 / 37 / EC of the European Parliament and of the Council),
(b) the cytostatics and dust of hardwood listed in Annex 3, Part A to this Regulation, where hard wood work is classified as third or fourth under the Public Health Protection Act;
(c) working processes at risk of chemical carcinogenicity listed in Annex 2, Part C to this Regulation.
(2) Carcinogens of categories 1A and 1B, mutagens of categories 1A and 1B and substances toxic to reproduction of categories 1A and 1B according to the directly applicable European Union Regulation on chemicals and chemical mixtures (24), mixtures of carcinogenic, mutagenic or toxic to reproduction of categories 1A and 1B, where the content of these substances is above the concentration limit of general or specific established in accordance with the directly applicable European Union Regulation on chemicals and chemical mixtures (24).
Health risk assessment
(1) Where any activity may be associated with the exposure of an employee to the substances referred to in Section 16, the type, amount and duration of that exposure shall be determined in order to assess all hazards to the health of the worker and to provide for appropriate measures to protect his health.
(2) The evaluation referred to in paragraph 1 shall be repeated on a regular basis at least once a year and thereafter whenever there is a change in working conditions which may affect the level of exposure of the staff member.
(3) In assessing the level of risk, all methods of exposure of the worker, including skin absorption and other factors that may affect the health of the worker, must be evaluated.
Minimum measures to protect health at work, closer hygiene requirements for workplaces, health information
(1) Where technically possible, the use of substances and mixtures referred to in Section 16 in the workplace shall be restricted in particular by the use of substances, mixtures or processes which are not hazardous or less hazardous to the health of the worker.
(2) Where the results of the evaluation indicate that the use of the chemicals and mixtures referred to in Article 16 (1) (a) cannot be replaced for technical reasons by a chemical, mixture or in accordance with the procedure referred to in paragraph 1, the employer shall ensure that their use or production is carried out, where technically feasible, in a technologically closed system. If the introduction of a closed system is not technically feasible, the worker's exposure shall be reduced to the lowest technically achievable level and the work shall be carried out in a controlled zone (28) whenever possible. The establishment of a controlled zone is not required for works that are carried out in the short term, that is less than 4 hours per shift. The establishment of a controlled zone is not required for outdoor work in the case of exposure to emission exhaust gases from diesel engines or the use of petroleum hydrocarbons when petroleum hydrocarbons are used to power combustion engines.
(3) Wherever substances referred to in Section 16 are used, the employer must implement the following protective measures:
(a) limit their quantities in the workplace;
(b) to minimise the number of workers exposed or likely to be exposed;
(c) modify the working process so that it is possible to eliminate or minimise leakage of these substances from the workplace;
(d) capture them at source, provide local suction and total ventilation;
(e) ensure appropriate analytical procedures for their measurement in the working air, in particular for the early detection of excessive exposure due to an emergency;
(f) use appropriate working procedures and methods of work;
(g) provide personal protective equipment;
h) to ensure control of the functionality of the working clothing and its cleaning before and after each use;
(i) ensure effective hygiene measures, in particular regular cleaning of floors, walls and workplace surfaces;
(j) develop an emergency plan which may result in excessive exposure and inform the staff member thereof;
(k) ensure safe storage, storage, transport and handling, including the use of sealed containers and equipment. Containers and packaging containing the substances referred to in Section 16 shall be clearly, legibly and visibly marked,
(l) visibly identify, establish and control the prohibition of food, drink and smoking in the workplace where the risk of contamination is caused by the substances referred to in Article 16; for food and drink purposes, reserve special areas outside the controlled zone;
Contents
ČÁST PRVNÍ
§ 1
ČÁST DRUHÁ
HLAVA I
§ 2
HLAVA II
Díl 1
§ 3
§ 3a
§ 3b
§ 4
§ 4a
§ 5
Díl 2
§ 6
§ 7
Díl 3
§ 8
HLAVA III
Díl 1
§ 9
§ 10
§ 11
§ 12
§ 12a
Díl 2
§ 13
§ 14
§ 15
Díl 3
§ 16
§ 17
§ 18
Díl 4
§ 19
§ 20
§ 21
HLAVA IV
Díl 1
§ 22
§ 23
Díl 2
§ 24
§ 25
§ 25a
Díl 3
§ 26
§ 27
§ 27a
Díl 4
§ 28
§ 29
§ 30
HLAVA V
§ 31
§ 32
§ 33
HLAVA VI
§ 34
§ 35
HLAVA VII
§ 36
§ 37
§ 38
HLAVA VIII
§ 39
ČÁST TŘETÍ
HLAVA I
§ 41
§ 42
§ 44
HLAVA II
§ 45
§ 45a
§ 45b
§ 45c
HLAVA III
§ 46
§ 47
§ 48
§ 49
HLAVA IV
§ 50
HLAVA V
§ 51
§ 52
HLAVA VI
§ 53
HLAVA VII
§ 54
§ 55
HLAVA VIII
§ 55a
§ 55b
ČÁST ČTVRTÁ
§ 56
§ 57
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Regulation Information
| Citation | Government Regulation No. 361 / 2007 Coll., laying down conditions for health at work |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.2007 |
|---|---|
| Effective from | 01.01.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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