Government Decree No. 362 / 2005 Coll.
Government regulations on closer requirements for safety and health at work in workplaces with a risk of falling from or to the depth
Valid
Regulation
Effective from 04.10.2005
Text versions:
04.10.2005
19.09.2005
362
GOVERNMENT REGULATION
of 17 August 2005
on closer requirements for safety and health at work at workplaces with a risk of falling from height or depth
The Government orders pursuant to § 134a (2) and § 134e (2) of Act No. 65 / 1965 Coll., Labour Code, as amended by Act No. 155 / 2000 Coll.:
This Regulation implements the relevant provisions of the European Communities (1) and regulates the way in which the employer is required to organise work and work procedures in the workplace where workers are exposed to a risk of falling from height or fall to free depth (hereinafter referred to as "work at altitudes and over free depth '), and closer requirements for the safe operation and use of technical equipment provided to workers for work at altitudes and over free depth.
(1) This Regulation shall not apply to work at height and above the free depth carried out by:
(a) mining activities and activities carried out in a mining way at workplaces subject to top supervision under special legislation (2);
(b) the operation of seagoing vessels under special legislation3);
(c) implementation of rescue and disposal operations by integrated rescue system4),
(d) the preparation and training of components of the integrated rescue system4) to carry out rescue and disposal operations.
(2) This Regulation is without prejudice to other workplace and working environment requirements laid down by specific legislation5).
(1) The employer shall take technical and organisational measures to prevent, and ensure the implementation of, the fall-off of workers from height or depth, forfeiture or slippage (hereinafter referred to as "protection against fall").
(a) at workplaces and access roads located at any height above water or above substances that threaten the life or health of persons in the event of a fall, e.g. by burning, etching, acute poisoning, asphyxiation;
(b) at all other workplaces and access roads, if it is above 1,5 m above the surrounding level, or if the free depth below it exceeds 1,5 m.
(2) The employer shall provide protection against fall by means of collective protection, in particular technical structures, such as guard rails and fences, hatches, grids, forts or nets, and temporary construction structures such as scaffolding or work platforms.
(3) Personal protective equipment which is personal protective equipment against a fall shall be used where the nature of the work excludes the use of collective protection devices or where the use of collective protection devices is insufficient to take account of the nature, extent and duration of the work and the number of employees concerned, or the safety of the employee.
(4) Protection against fall is not necessary
(a) on a continuous surface the slope of which does not exceed 10 degrees from the horizontal plane, provided that the workplace or access communication, as the case may be, are defined by appropriate protection against fall, for example barrier 6) situated at a distance of not less than 1,5 m from the edge at which the risk of falling is at risk ("free edge");
(b) along the free edges of openings, the floor coverings of which do not exceed 0,25 m in any direction;
(c) if the level of the terrain or floor of the workplace within the building lies at least 0,6 m below the crown of the wall.
(5) The employer shall ensure that openings in the floor and the terrain depth, the ground floor dimensions of which exceed 0,25 m in all directions, are covered immediately after their formation by hatches of adequate load capacity secured against displacement or that the open edges of the openings are secured by a technical means of protection against fall, such as railing or fencing. Walls having a lower edge of more than 1,1 m above the floor and openings in walls less than 0,3 m wide and a height of less than 0,75 m need not be secured against the loss of persons.
(6) The employer shall ensure that, on all surfaces which do not guarantee that the loading of persons, including tools, work tools and material is safe against breakage, or where this load is not appropriately distributed by the technical structure (work or access floor, etc.), provision is made to prevent forfeiture. It is not permitted to use unstable objects and objects intended for other use (buckets, barrels, chairs, tables, etc.) to increase the work site or output.
(7) Work at altitudes shall not be carried out if the adverse weather situation, taking into account the fall protection applied, may endanger the safety and health of workers.
(8) When working at altitudes and above the free depth performed alone or separately, the staff member shall be familiar with the rules for communication between staff members at the workplace or for communication with the staff member. The staff member performing the work referred to in the first sentence shall be informed of the obligation to suspend the work if he cannot continue in a safe manner and shall inform the manager or employer immediately of the interruption.
Additional requirements for the way in which work is organised and the working procedures which the employer is obliged to ensure at levels and above free depth when working, and for the safe operation and use of technical equipment provided to workers for work at levels and free depth are set out in the Annex to this Regulation.
Efficacy
This Regulation shall take effect on the 15th day following its publication.
Prime Minister:
Ing. Paroubek v. r.
Deputy Prime Minister and Minister for Labour and Social Affairs:
Ing. Škromach v. r.
Annex to Government Regulation No 362 / 2005 Coll.
OTHER REQUIREMENTS FOR THE WORKING ORGANISATION AND WORKING PROCEDURES OF THE EMPLOYMENT INTENDED TO ENSURE FOR WORKING IN HIGH AND FREE HLOWER, AND FOR SAFE OPERATIONS AND USE OF TECHNICAL DEPARTMENTS PROVIDED TO STAFF WORKERS FOR WORKING IN HIGH AND FREE HLOW
I. Protection against the fall of technical structures
1. The method of securing and measuring technical structures (hereinafter referred to as "structures') shall be consistent with the nature of the work carried out, the expected stress and shall allow safe passage. The choice of appropriate approaches to the workplace at a height shall correspond to the frequency of use, the required height of work and its duration. The chosen solution shall allow evacuation in the event of imminent danger. The movement on working floors and other surfaces at height and access to them shall not create any additional risk of falling.
2. Depending on the method of securing and the type of construction, appropriate measures shall be taken to reduce the risks associated with its use. The free edges shall be secured by fitting a design of protection against fall appropriately arranged, sufficiently high and strong to prevent or capture a fall from a height. When using detention structures, care must be taken to avoid accidents of workers during capture. The design of the anti-fall protection can only be interrupted at ladder or staircase access points.
3. Requirements for the layout, assembly, dismantling, stability and load capacity, use and control of the structure are contained in the accompanying and, where appropriate, operational documents7).
4. The handrails shall consist of at least the upper bar (handle) and a stop at the floor (guard bar) of a height of at least 0,15 m. If the height of the floor above the surrounding level is greater than 2 m, the space between the upper bar (handle) and the floor stop shall be secured against the forfeiture of persons by fitting one or more medium bars or other suitable fillings, taking into account local and operational conditions. The height of the upper bar (handle) shall be considered sufficient at least 1,1 m above the floor, unless otherwise provided for in specific legislation8).
5. If the execution of a particular work operation requires temporary removal of the design of the anti-fall protection, effective alternative security measures shall be taken during the implementation of that operation. Work at altitudes and above free depth shall not commence until such measures have been implemented. Immediately after temporary interruption or termination of the relevant work operation, the removed design of the fall protection shall be reinstalled.
II. Protection against fall by personal protective equipment
1. The employer shall ensure that the personal protective equipment chosen corresponds to the nature of the work carried out, the risks envisaged and the weather situation, allow safe movement and is regularly examined and tested in accordance with the requirements of the accompanying documentation; only personal protective equipment which meets the requirements laid down in specific legislation9 may be used.
2. A distinction shall be made between:
(a) personal protective equipment for work positioning and prevention against falls from a height (work positioning systems);
(b) personal protective equipment against falls from a height (fall capture systems).
3. Personal protective equipment shall be used separately or in combination with elements and components of the systems and in accordance with the instructions for use supplied by the manufacturer in such a way that:
(a) staff shall be confined to an area in which there is a risk of falling (1,5 m from the free edge);
(b) the staff member shall be kept in a working position in such a way that the fall from a height is completely prevented; or
(c) the fall is safely captured and the captured staff member can be immediately and safely removed or transported to a safe place, where appropriate; Capture of the fall shall occur at a sufficient height above the obstacle (terrain, floor, structure, etc.) to avoid injury to the staff member.
4. Before using personal protective equipment, the staff member shall be satisfied of their completeness, operability and safety.
5. A suitable personal protective device against the fall, or a working positioning system, including anchorages, shall be specified in the technological process. In the case of work which does not require the processing of the technological process, it shall determine the appropriate means of ensuring against the fall and / or working position, including anchorage points, by a competent staff member authorised by the employer. Instead of anchoring the personal protective device against fall, it shall be sufficiently resistant in the direction of fall.
6. Access in rope hanger and working positioning systems may only be used where the risk assessment shows that work can be done safely when using these devices and that other means are not justified. In view of the associated risks, the time needed to perform the work and fulfil ergonomic requirements, a seat with suitable accessories must preferably be used.
7. The use of a curtain on a rope with the means of working positioning is possible only if
(a) the system consists of at least two independent ropes, one serving as a support for the output, descent and suspension in the desired position (working rope) and the other as a backup (securing rope),
(b) the staff member shall use a capture harness which is connected to the securing rope through a moving fall trap that monitors the movement of the staff member;
(c) to move on a working rope, the designated means of exit and descent (e.g. saltwater) are used only, and the connection to the working rope includes a self-locking system to prevent the fall of a staff member who has lost control of his movements;
(d) the tools and other equipment used at work are attached to the harness or to the seat or otherwise secured against fall;
(e) the work shall be carried out in accordance with the process and under supervision so that the worker performing the work can be released immediately in an emergency.
8. In exceptional circumstances, where the use of a second rope could be more dangerous in the light of a risk assessment, the use of a single rope may be permitted if appropriate measures have been taken to ensure safety and the system components are identified by the manufacturer for such use and meet the endurance parameters.
9. The employer shall ensure that the staff member performing the work when using personal protective equipment against the fall is trained for the activities envisaged, in particular emergency relief procedures.
III. Use of ladders
1. The ladder may be used for work at a height only where the use of other safer means is not justified and effective in view of the risk assessment, or where local conditions relating to work at a height do not allow such means to be used. Only short-term, physically undemanding work can be performed on the ladder using hand tools. Work where dangerous tools or tools such as portable chainsaws, hand-held pneumatic tools are used shall not be carried out on the ladder.
2. When leaving, descending and working on a ladder, the staff member shall be faced to the ladder and at any moment shall be able to secure the grip and reliable support.
3. Only loads of weight up to 15 kg may be taken (tolerated) up to the ladder, unless specific legislation provides otherwise).
4. No more than one person may climb or work on the ladder.
5. The ladder shall not be used as an intermediate bridge except where it is intended for such use by the manufacturer.
6. Ladders used for ascent shall, with their upper end, exceed the output (entry) platform by at least 1.1 m, which may be replaced by fixed handrails or any other fixed part of the structure for which the staff member may be reliably attached. The angle of the ladder shall not be less than 2,5: 1, there shall be a free space of at least 0,18 m behind the rungs and at the base of the ladder from the access side a free space of at least 0,6 m shall be maintained.
7. The ladder shall be so positioned as to ensure its stability throughout use. The portable ladder shall be built on a stable, rigid, sufficiently large, immobile ground so that the transverse is horizontal. The suspension ladder shall be secured in a safe manner and, except for rope ladders, shall be secured against displacement and nodding. The rope ladder can only be used for ascent and descent.
8. For portable ladders, slip-through shall be avoided by securing the sidewalls at the top or bottom end by using anti-slip preparations or other measures with appropriate efficiency. Folding and sliding ladders must be used in such a way that individual parts are secured against each other's movement. The mobile ladders shall be secured against movement before and during work. Portable wooden ladders of more than 12 m length cannot be used.
9. The staff member may work on the ladder only at a safe distance from the upper end of the ladder, which shall be regarded as at least 0,8 m for the supporting ladder, at least 0,5 m for the double ladder from the upper end.
10. When working on a ladder, a staff member shall be secured against the fall by personal protective equipment when standing with his feet at a height of more than 5 m.
11. The employer shall ensure that ladders are inspected in accordance with the instructions for use.
12. Walking on a wooden double ladder (painting work) can be performed by trained staff when moving around the area where the risk of loss of stability of the ladder is excluded.
IV. Protection against the fall of objects and material
1. Material, tools and work aids shall be stored or stored at heights such that they are secured against fall, slip or drop during and after work during the whole time of storage.
2. Suitable equipment or modified working clothing shall be used to attach tools, small material (nails, screws, etc.).
3. The construction for work at heights cannot be overloaded; the mass of the material, aids, tools, including persons, shall not exceed the load capacity of the structure specified in the accompanying documentation.
V. Protection under the place of work at and around the height
1. The premises over which work is carried out and in which, due to the nature of the work, there is a risk of the fall of persons or objects (hereinafter referred to as "threatened space"), it is always necessary to ensure safety.
2. In particular, for safe securing of vulnerable areas, the following shall apply:
(a) excluding operations;
(b) construction of protection against the fall of persons and objects at the level of the place of work at or below the place of work at the height;
(c) fencing of endangered areas with two-bar railing of a height of not less than 1,1 m with bars fixed on supporting columns of sufficient stability; for work not exceeding the range of one working shift, it is sufficient to define the vulnerable area with a single-bar railing or, where applicable, a barrier of a height of at least 1,1 m; or
(d) the surveillance of areas at risk for this purpose by the designated staff member throughout the period of the threat.
3. The exposed area shall be at least wide from the free edge of the workplace
(a) 1,5 m at work between 3 and 10 m;
(b) 2 m at work above 10 m up to 20 m;
(c) 2,5 m at work above 20 m to 30 m;
(d) 1 / 10 of the height of the object at work above 30 m
The width of the exposed space is drawn from the heel of the vertical, which passes through the outer edge of the free edge of the workplace at height.
4. When working on surfaces with a gradient of more than 25 degrees from the horizontal plane, the width of the exposed space referred to in paragraph 3 shall be increased by 0,5 m. Similarly, this width increases by 1 m to all sides from the floor plan profile of the vertically transported load at the places of transport of the material.
5. In view of the risk assessment at work on high objects, such as chimneys, mast towers, towers, a belt of width specified in point 3 around the entire circumference of the heel of the object is a vulnerable space.
6. Work over one another can only be done exceptionally, unless it is possible to ensure that the work is done differently. The technological process shall include a way of ensuring the safety of workers at the workplace below.
VI. Roof work
1. Employees working on the roof must be protected against:
(a) falling from rooftops on loose edges;
(b) slip from the roof surface at a gradient above 25 degrees;
(c) failure of roof structures.
2. Protection against falling from the roof not only around the perimeter, but also into skylights, technological and other openings, the employer will ensure that the protective and / or protective structures or personal protective equipment against fall are used.
3. The protection against slipping shall be ensured by the employer by the use of ladders fixed at the place of work and necessary communications, or by the use of a protective structure or personal protective equipment against fall. In the case of roofs with a gradient above 45 degrees from the horizontal plane, it is necessary to use personal protective equipment against fall alongside ladders.
4. Falling protection shall be carried out on all roof coverings, where the ground-floor distance between lats or other supporting elements of the roof structure is greater than 0,25 m and where it is not guaranteed that the individual roof elements are safe against breaking load by persons including tools, workpieces and material, or where the load is not appropriately distributed by the auxiliary structure (working or access floor, etc.).
5. The construction and repair of chimneys from the roof with a gradient of more than 10 degrees shall be carried out from a safe working area of not less than 0,6 m wide
VII. Temporary construction structures
1. Temporary construction structures may only be used in a design corresponding to the accompanying documentation and instructions for the installation and use of such structures. Installation instructions, including the necessary additional drawings and documents, shall be made available to staff who install, use and dismantle the construction.
2. If the necessary documentation is not available for the temporary construction construction or the documentation does not cover the intended design, an individual calculation of strength and stability shall be performed by the competent person, except where the design is fitted in accordance with the arrangement contained in the Czech technical standard.
3. Depending on the complexity of the selected temporary construction, the competent person shall propose a specific method of assembly, use and dismantling.
4. Temporary construction structures may be considered safe if:
(a) are based on a sufficiently load-bearing terrain or structure the load-bearing capacity of which is statically demonstrated;
(b) supporting components shall be secured against slipping either by attaching to the base surface or by other means with adequate efficiency to ensure the stability of the scaffolding; mobile scaffolds are provided by suitable devices to prevent accidental movement during work;
(c) are designed to form a spatial rigid unit, secured against both local and overall deflection, displacement or rollover;
(d) are sufficiently strong and resistant to external forces and adverse effects; capable of transferring the assumed load and their function is demonstrated by static calculation or other document;
(e) the dimensions, shape and equipment of the floors correspond to the nature of the work carried out, the floors allow safe movement and performance of the work in an appropriate working position;
(f) the floors are fitted in such a way that their components do not move in normal use, there are no dangerous gaps between the floors and between the floor pieces and the vertical collective protection against fall;
(g) moving structures are secured against spontaneous movements;
(h) the working areas on them are accessible on safe roads (ladders, steps, ramps or lifts).
If parts of temporary construction structures are not ready for use, for example during assembly, dismantling or conversion, the entry to such parts of temporary construction structures shall be limited by appropriate barriers and marked with safety signs (11).
5. Temporary construction structures may be used only after their appropriate transmission by the competent person responsible for their installation and take-over. The handover and take-over shall be made by the transferor on the basis of a professional examination, a record confirming the complete completion and equipment of the temporary construction structure. The transfer and takeover record shall not be required for:
(a) typical light work scaffolds with a working floor height up to 1,5 m;
(b) mobile work platforms, provided that their supporting parts have not been dismantled when moving to another workplace, and that the modification of the carrying parts to the transport position is not considered to be dismantling.
6. Temporary construction structures shall be subjected to regular expert inspections in the manner and at intervals specified in the accompanying documentation. If exceptional circumstances have occurred which may have an adverse effect on scaffolding safety (e.g. adverse weather situations), the expert examination shall be carried out without delay.
7. The scaffolding can only be fitted, dismantled or substantially converted in accordance with the installation and dismantling instructions contained in the accompanying documentation and under the guidance of the person who is competent to do so. These activities may only be carried out by staff trained and their knowledge and skills verified. Training shall include the acquisition of knowledge and skills, in particular as regards:
(a) an understanding of the instructions for assembly, dismantling or conversion of the scaffolding used;
(b) safety of work during assembly, dismantling or conversion of the scaffolding concerned;
(c) measures to protect against the risk of the fall of persons or objects;
(d) measures in the event of changes in the weather situation which could adversely affect the safety of the scaffolding used;
(e) permissible loads;
(f) other risks which may be associated with assembly, dismantling or conversion.
The content and frequency of training, taking into account new or modified occupational risks, the method of verifying the knowledge and skills of the participants in the training and the management of the training documentation shall be determined by the employer.
8. Ladders shall not be used as a support or supporting element of scaffolding floors except for ladders intended for this purpose by the manufacturer.
9. For ascent and descent between scaffolding floors, wood ladders with a maximum length of 3,5 m can also be used with rungs placed in double sides of sufficient strength supported by calculation.
VIII. Discharge of articles and material
1. Disposing of objects and material to the places or areas below may only be provided that:
(a) the place of impact is secured against entry of persons (fence, exclusion of operation, surveillance, etc.) and its surroundings are protected against any reflection or spray of the object or material thrown away;
(b) the material is dropped by a closed drop until the place of storage;
(c) measures are taken to avoid excessive dust, noise, or other adverse effects, as appropriate.
2. It is not possible to drop objects and material where it is not possible to safely predict the impact site, as well as objects and material which could tear the workers from a height.
IX. Stopping work at heights
In the event of an unfavourable weather situation, the employer shall ensure that work is interrupted. The following shall be considered as an adverse weather situation which significantly increases the risk of falling or slipping:
(a) storms, rain, snow or ice formation;
(b) fresh wind above 8 m.s-1 (wind force 5 degrees Bf) when working on suspended working platforms, mobile scaffolds, ladders above 5 m of work height and when using a rope curtain for working positioning systems; in other cases a strong wind above 11 m.s-1 (wind force 6 degrees Bf),
(c) visibility at the place of work of less than 30 m;
(d) the ambient temperature during the operation of the works below -10 ° C.
X. Short term work at heights
In short-term assembly works at the height necessary for the installation of building elements, the building elements may be planted and interconnected from consoles, welded or otherwise fixed lattice, from profiles fixing the lattice structure or similar supporting surfaces, provided that the staff member performing such work uses personal protective equipment against fall.
XI. Training of employees
The employer shall provide staff to a sufficient extent with training on safety and health at work at altitudes and above free depth, in particular with regard to work at altitudes above 1.5 m, where workers cannot work from fixed and safe working floors where they work on moving workplatforms, ladders above 5 m and the use of personal protective equipment. In the assembly and dismantling of scaffolding, the employer shall proceed according to Part VII. point 7 of the second sentence.
1) Directive 2001 / 45 / EC of the European Parliament and of the Council of 27 June 2001 amending Council Directive 89 / 655 / EEC on minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16 (1) of Directive 89 / 391 / EEC).
2) Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 425 / 1990 Coll., Act No. 542 / 1991 Coll., Act No. 169 / 1993 Coll., Act No. 128 / 1999 Coll., Act No. 71 / 2000 Coll., Act No. 124 / 2000 Coll., Act No. 315 / 2001 Coll., Act No. 206 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 226 / 2003 Coll.
3) Act No. 61 / 2000 Coll., on maritime navigation. Decree No. 25 / 2001 Coll., on the Rules of Safety of Labour on a Maritime Commercial Ship.
4) For example, Act No. 239 / 2000 Coll., on the Integrated Rescue System and on the amendment of certain laws, as amended by Act No. 320 / 2002 Coll. and Act No. 20 / 2004 Coll., Act No. 133 / 1985 Coll., on Fire Protection, as amended by Act No. 425 / 1990 Coll., Act No. 40 / 1994 Coll., Act No. 203 / 1994 Coll., Act No. 163 / 1998 Coll., Act No. 71 / 2000 Coll., Act No. 237 / 2002 Coll., and Act No. 320 / 2002 Coll., Act No. 20 / 2004 Coll., Act No. 61 / 1988 Coll., and on the amendment of certain laws (Water Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll.
5) For example, Government Decree No. 101 / 2005 Coll., on more detailed requirements for workplace and working environment, Decree No. 137 / 1998 Coll., General Technical Requirements for Construction, Government Decree No. 168 / 2002 Coll., laying down the method of organisation of work and working procedures which the employer is obliged to ensure when operating transport by means of transport.
6) § 2 (m) of Decree No. 324 / 1990 Coll., on Safety of Work and Technical Equipment in Construction Works.
7) Government Decree No. 378 / 2001 Coll., laying down further requirements for the safe operation and use of machinery, technical equipment, apparatus and tools.
8) For example, Act No. 22 / 1997 Coll., on Technical Requirements for Products and on Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 205 / 2002 Coll. and Act No. 226 / 2003 Coll., Decree No. 173 / 1997 Coll., which provides for selected products for conformity assessment, as amended by Decree No. 174 / 1998 Coll., Decree No. 78 / 1999 Coll., Decree No. 323 / 2000 Coll., Decree No. 329 / 2002 Coll.
9) Government Decree No. 21 / 2003 Coll., laying down technical requirements for personal protective equipment.
10) For example, Government Regulation No. 178 / 2001 Coll., laying down conditions for the protection of the health of workers at work, as amended by Government Regulation No. 523 / 2002 Coll. and Government Decree No. 441 / 2004 Coll., Decree No. 288 / 2003 Coll., which provides for work and workplaces which are prohibited to pregnant women, mothers until the end of the ninth month after birth and adolescents, and conditions under which adolescents may exceptionally perform such work due to professional preparation.
11) Government Decree No. 11 / 2002 Coll., establishing the appearance and location of security marks and the introduction of signals, as amended by Government Decree No. 405 / 2004 Coll.
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Regulation Information
| Citation | Government Decree No. 362 / 2005 Coll., on Closer Requirements for Safety and Health at Work in Workplaces with Risk of Fall from Height or Depth |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.09.2005 |
|---|---|
| Effective from | 04.10.2005 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Health and safety at work
Labour law
The regulation text is for informational purposes only.
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