Decree No. 378 / 2012 Coll.
Decree amending Decree No. 298 / 2005 Coll., on requirements for professional qualifications and competence in mining or mining activities and amending certain legislation, as amended by Decree No. 240 / 2006 Coll.
Valid
Order
Effective from 01.12.2012
Text versions:
01.12.2012
16.11.2012
378
DECLARATION
of 8 November 2012
amending Decree No 298 / 2005 Coll., on requirements for professional qualifications and competence in mining or mining activities and amending certain legislation, as amended by Decree No 240 / 2006 Coll.
The Czech Mining Authority provides, pursuant to § 5 (3) of Act No. 61 / 1988 Coll., on Mining Activities, Explosives and State Mining Administration, as amended by Act No. 542 / 1991 Coll., and under § 29 (2) (g) and under § 38 of Act No. 18 / 2004 Coll., on the Recognition of Professional Qualifications and Other Eligibility of Nationals of the Member States of the European Union and on the Amendment of Certain Acts (Act on the Recognition of Professional Qualifications), as amended:
Decree No 298 / 2005 Coll., on requirements for professional qualifications and competence in mining or mining activities and amending certain legislation, as amended by Decree No 240 / 2006 Coll., is amended as follows:
1.
Definition of terms
For the purposes of this decree:
(a) professional qualifications for the pursuit of mining activities and activities carried out in a mining manner as demonstrated by the prescribed completed education and by the prescribed professional experience in mining activities or activities carried out in a mining way;
(b) professional competence to fulfil professional qualifications and to demonstrate legal knowledge (Section 3 (1)), to the extent necessary for the safe and reliable performance of the activity;
(c) completed through secondary education, successful completion of the technical sciences and teaching required to carry out mining or mining activities. The theoretical and practical areas, which constitute the content of education and training required in the Czech Republic, are set out in Annex 1 to this decree. Evidence of completed secondary education is provided,
(d) completed by higher education, successful completion of the technical sciences and teaching required to carry out mining or mining activities. The theoretical and practical areas, which constitute the content of education and training required in the Czech Republic, are set out in Annex 1 to this decree. Evidence of completed higher education is provided,
(e) professional practice of professional activity carried out in mining or mining activities. Professional experience in the fields of electrical engineering, engineering or waste disposal shall also be demonstrated by the performance of an activity obtained outside the mining activity or an activity carried out in a mining way. Evidence of professional experience shall be provided,
(f) by conducting mining and underground works, the process of producing or disposing of mining and underground works in the course of mining or mining activities (including mining, mining, excavating, strengthening, maintenance, rebuilding, setting up, securing and disposing of mining or underground works and mining of mineral deposits, hiding and extracting cuts, drains),
(g) model documentation of a set of technical documentation for the required professional competence ensuring safety and health at work, safety of operation and required working conditions for mining or mining activities. ';
2. Paragraph 2 (1), including footnotes 15 and 16, reads as follows:
"(1) The natural persons appointed to ensure the professional and safe performance of the mining and mining activities shall fulfil the following professional qualifications:
(a) as a natural person responsible for the safe and professional management of mining or mining activities in the mine, the professional qualifications acquired by the completion of at least the Master's Study Programme (3) and professional experience in mining or mining activities for at least four years;
(b) the racing quarry (2) as a natural person responsible for the safe and professional management of mining or mining activities
1. on quarries with a total annual production of a commercial mineral of more than 500,000 tonnes, the professional qualifications obtained by completion of at least the Master's study programme3) and professional experience in mining or mining activities must be at least four years;
2. for quarries with a total annual production of a commercial mineral of less than 500,000 tonnes, the professional qualifications obtained by completing at least the Bachelor's study programme4) and professional experience in mining or mining activities for at least two years, or at least professional qualifications in the range of secondary education with a graduate examination and professional experience in mining or mining activities for at least four years;
(c) as a natural person responsible for the safe and professional management of the mining activity or activities carried out in a mining way in establishments where the function of the factory mine or quarry is not established, the professional qualifications obtained by the completion of at least the Bachelor's study programme4) and the professional experience in the relevant regulated activity for at least two years, or at least the professional qualifications in the field of secondary education with a graduate examination and professional experience in mining or mining activities carried out in a mining way for at least four years;
(d) as a natural person eligible for tasks in the field of safety and health at work and safety at work5) in mining or mining activities must have the professional qualifications obtained by completing at least the Bachelor's study programme4) and professional experience in the relevant regulated activity for at least two years, or at least a vocational qualification in the scope of secondary education with a graduate examination and professional experience in mining or mining activities for at least four years;
(e) a mining designer, as a natural person, shall be able to design or design objects and equipment which are part of a mining or mining activity, to draw up plans and documentation relating to a mining activity or activity carried out in a mining way, unless they are governed by a special legislature6), shall have a professional qualification obtained through the completion of at least a master's study programme3) and a professional experience in mining activities or activities carried out in a mining way for at least one year, or at least a professional qualification within the scope of secondary education completed by a graduate or professional practice in a mining activity of at least four years;
(f) the designer is able to design the installation of electrical equipment used in mining or mining activities and to draw up related plans and documentation. They must have a professional qualification obtained through the completion of at least a Master's Degree Programme (3) and professional experience in mining or mining activities for at least one year, or at least a professional qualification within the scope of secondary education completed by secondary education and professional experience in mining or mining activities for at least four years;
(g) as a natural person able to produce documentation, design and manage anti-shock activities, the geomechanik must have the professional qualifications obtained through the completion of at least a master's study programme3) and professional experience in mining or mining activities for at least three years;
(h) the waste storage risk assessor, as a natural person, shall be able to carry out an integrated repository analysis and to carry out an assessment of the risks of waste storage in underground storage (7) shall have a professional qualification obtained through the completion of at least a master's study programme (3) and professional experience in mining or mining activities for at least four years. This competent person shall also be competent to carry out the evaluation of the disposal of waste on the surface of mining works arising from mining or mining activities and to assess the risks of the management of extractive waste. 15),
(i) the head of ventilation as a natural person competent to manage mine ventilation in a mining activity must have a professional qualification obtained by the completion of at least a master's study programme3) and professional experience in mining or mining activities for at least three years;
j) an expert expert as a natural person established by the Czech Mining Authority is entitled to process
1. expert opinions and opinions on the assessment of the stability of underground buildings and other premises created by activities carried out by mining),
2. expert assessments and opinions and carry out tests on selected mining machinery, equipment, equipment and equipment; and
they must have a professional qualification to the extent of at least the Master's study programme3) and professional experience in mining or mining activities for at least four years. The Czech Mining Authority will take into account the technical and professional knowledge of the expert, the length of the professional or scientific experience and the knowledge of generally binding legislation,
(k) technical supervision (8) is a natural person designated to control the performance of professional and safe activities of employees, compliance with technological regulations, rules governing safety and health at work, safety of operations and working conditions. Technical supervision for the management of mining and underground works shall have a professional qualification in the range of at least secondary education with a graduate examination and professional experience in mining or mining activities for at least six months. Technical supervision for the performance of special activities (in particular machinery, electro, chemical, construction) must have at least a secondary education with a graduate examination in the relevant field,
(l) the designer of the installation of machinery as a natural person shall be able to design the installation of machinery used in mining activities or in mining activities and to draw up related plans and documentation must have the professional qualifications obtained by completing at least the master's study programme3) and professional experience in mining or mining activities for at least one year or at least professional qualifications in the range of secondary education with a secondary examination and professional experience in mining or mining activities for at least four years;
(m) the main mine meter as a natural person capable of performing and managing the mine measurement activity. It shall be responsible for the correctness and completeness of the metering documentation produced and its professional management, addition and retention shall have the professional qualifications obtained by the completion of at least the Master's study programme3) and the professional experience in the performance of the metering activity of mining or mining activities for at least two years;
(n) a mine meter as a natural person capable of carrying out and controlling individual measurements in the case of a mine measurement activity. He / she shall be responsible for the accuracy and completeness of the individual measurements and the parts of the metering documentation that he / she has carried out or managed in the course of the metering activity shall have the professional qualifications obtained through the completion of at least the Bachelor's study programme4), or within the scope of secondary education with a graduate examination. In the case of secondary education with a graduate examination, professional experience in the performance of mining or mining activities shall have at least one year.
15) Paragraph 4 (3) of Decree No. 429 / 2009 Coll., laying down the details of the plan for the management of extractive waste, including the evaluation of its characteristics and some other details for the implementation of the Mining Waste Management Act.
16) § 5c of Act No. 61 / 1988 Coll. '
3. Paragraph 3 (2) reads as follows:
"(2) The professional competence of a competitor is also a right to carry out the regulated activities referred to in Sections 4 (d) and 4 (k)."
4.
Verification of competence
State Mining Authorities verify competence
(a) a racing mine;
(b) the racetrack;
(c) racing,
(d) safety technology;
(e) a mining designer,
(f) designer of electrical installations,
(g) geometrics;
(h) waste storage risk assessors;
(i) head of ventilation;
(j) an expert expert;
(k) technical supervision of mining and underground works,
(l) designer of machinery installations,
(m) the main mine meter,
(n) mine meter. ';
5. Paragraph 5 (2) reads as follows:
"(2) The application for the test shall be submitted locally to the competent authority of the State Mining Administration, defining the type of mining activity required or activities carried out in a mining manner for the professional competence concerned. In the application, the natural person shall indicate his name, surname, date of birth and place of permanent residence. The application shall be accompanied by an officially certified copy of the evidence of professional qualifications and the evidence of existing activities in the field of mining or mining activities. ';
6. in Article 5 (4), "(a) to (i) 'is replaced by" (a) to (i) and (l) to (m)';
7. In Article 5 (7), the words "defining the type of mining or mining activity 'shall be added at the end of the text.
8.
Validity of certificates
The certificate of competence shall be valid for 5 years from the date of issue. The validity of the certificate of competence may be renewed repeatedly on the basis of a successful periodic examination in accordance with the provisions of Section 8 for a further 5 years. '
9. In Article 8 (1), "Article 4 (a) to (i) and (l) 'is replaced by" Article 4 (a) to (j) and (l) to (n)';
10. in Paragraph 8 (2), the words "within three years" are replaced by the words "within five years."
11. in Article 8 (4), the words "after a period of 3 months, but not later than 6 months, otherwise the certificate shall cease to be valid (Article 6)" shall be deleted;
12. In Article 8, paragraph 6 is added:
"(6) The date of the periodic examination and the validity of the certificate shall be indicated by the competent administrative authority on the reverse of the certificate. ';
13.
(1) Recognition of professional qualifications, professional competence and other competence of nationals of the Member States of the European Union and of the Member States of the European Economic Area and of the Swiss Confederation for the exercise of the relevant regulated activity shall be carried out in accordance with special legislation14), as verified by the authorities of the State Mining Administration.
(2) For nationals of the Member States of the European Union and of the Member States of the European Economic Area and of the Swiss Confederation, knowledge of the Czech language to the extent necessary to ensure safety and health at work and safety of operations is required for the performance of regulated activities. "
14. The title of Annex No 1 shall read as follows:
"Entry requirements for theoretical and practical areas which constitute the content of education and training required in the Czech Republic for the performance of selected regulated activities."
15. In Annex No 1, points 3 to 7 read:
'3. Theoretical and practical areas which constitute the content of education and training required in the Czech Republic for the performance of the activity of the quarry according to § 2 (1) (b) (2) of this Decree:
(a) geology;
(b) mining of bearings;
(c) mining risks and rescue;
(d) upper law and security regulations;
(e) tearing work.
4. Theoretical and practical areas which constitute the content of education and training required in the Czech Republic for the performance of the activity of racing and safety technology pursuant to § 2 (1) (c) and (d) of this Decree:
(a) mining or the foundations of underground and civil engineering or a study subject of similar content;
(b) geology;
(c) geodesy or mining metering;
(d) machinery or machinery or a study subject of similar content;
(e) mining of bearings or stamping of underground works or a study subject of similar content;
(f) tearing work;
(g) safety regulations.
5. Theoretical and practical areas which constitute the content of education and training required in the Czech Republic for the performance of the activities of the mining designer pursuant to § 2 (1) (e) of this decree:
(a) mining or the foundations of underground and civil engineering,
(b) geology;
(c) technical drawing;
(d) machinery or machinery;
(e) geometrics or geotechnology;
(f) ventilation of mining or underground works;
(g) mining of bearings or stamping of underground works or a study subject of similar content;
(h) mine metering or geodesy;
(i) security regulations;
(j) tearing work.
6. Theoretical and practical areas which constitute the content of education and training required in the Czech Republic for the performance of the activity of the head of ventilation according to § 2 (1) (i) of this Decree:
(a) mining;
(b) geology;
(c) machinery or machinery;
(d) ventilation of mine or underground works;
(e) mining of bearings or stamping of underground works;
(f) mining metering or geodesy;
(g) security regulations;
(h) tearing work.
7. Theoretical and practical areas which constitute the content of education and training required in the Czech Republic for carrying out technical supervision activities for the management of mining and underground works pursuant to § 2 (1) (k) of this Decree:
(a) mining or the foundations of underground and civil engineering or a study subject of similar content;
(b) machinery or machinery;
(c) mining of bearings or stamping of underground works or a study subject of similar content;
(d) tearing work;
(e) safety regulations. ';
16. In Annex 1, point 8 reads:
"8. Theoretical and practical areas which constitute the content of education and training required in the Czech Republic for the performance of the work of the designer by installing electrical equipment pursuant to § 2 (1) (f) of this Decree:
(a) electrical engineering;
(b) security regulations. ';
17. In Annex 1, points 11 to 13 are added:
"11. Theoretical and practical areas which constitute the content of education and training required in the Czech Republic for the performance of the activities of the main mine meter according to § 2 (1) (m) of this decree:
(a) mine metering or geodesy;
(b) mining or the foundations of underground and civil engineering,
(c) geology or geotechnology;
(d) security regulations;
(e) mining damage and the eradication of the consequences of mining activity or environmental learning.
12. Theoretical and practical areas which constitute the content of education and training required in the Czech Republic for the performance of the mine meter according to § 2 (1) (n) of this decree:
(a) mine metering or geodesy;
(b) mining or the foundations of underground and civil engineering,
(c) geology or geotechnology;
(d) security regulations.
13. Theoretical and practical areas which constitute the content of education and training required in the Czech Republic for the performance of the work of the designer by installing machinery according to § 2 (1) (l) of this decree:
(a) machinery or machinery;
(b) security regulations. ';
Transitional provisions
Specially eligible persons referred to in § 4 (j), (m) and (n) of Decree No 298 / 2005 Coll., as effective from the date of entry into force of this Order, shall begin to run the period of time to comply with the obligation laid down in § 8 of Decree No 298 / 2005 Coll., as effective from the date of entry into force of that Order, from the date of entry into force of that Order. The certificate shall cease to be valid unless such qualified persons carry out a periodic examination within 5 years of the entry into force of this Decree.
Efficacy
This Decree shall take effect on 1 December 2012.
Chairman:
Ing. Pígřímek v. r.
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Regulation Information
| Citation | Decree No. 378 / 2012 Coll., amending Decree No. 298 / 2005 Coll., on requirements for professional qualifications and competence in mining or mining activities and amending certain legislation, as amended by Decree No. 240 / 2006 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.11.2012 |
|---|---|
| Effective from | 01.12.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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