Government Decree No. 433 / 2022 Coll.

Government Regulation amending Government Regulation No. 272 / 2011 Coll., on the protection of health against the adverse effects of noise and vibration, as amended

Valid Regulation Effective from 01.07.2023
433
GOVERNMENT REGULATION
of 7 December 2022
amending Government Regulation No. 272 / 2011 Coll., on the protection of health against adverse effects of noise and vibration, as amended
The Government mandates, pursuant to § 108 (3) of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Laws, as amended by Act No. 267 / 2015 Coll., on the Implementation of § 30 (3) and § 34 (1) of the Act, and under § 21 (a) of the Act No. 309 / 2006 Coll., governing further requirements of safety and health at work in employment and on the provision of safety and health at work or the provision of services outside employment (Act on other conditions of safety and health at work), on the implementation of Section 7 (7) of this Act:
Čl. I
Government Regulation No. 272 / 2011 Coll., on the protection of health against adverse effects of noise and vibration, as amended by Government Regulation No. 217 / 2016 Coll. and Government Regulation No. 241 / 2018 Coll., is amended as follows:
1. in § 2 (c) and (d), the words "at the point of assessment" shall be replaced by the words "in the protected area under consideration."
2. in Paragraph 2 (n):
"(n) railway station marshalling stations providing train work, train inspection and vehicle repair,"
3. in Article 2, point (o), including footnote 4, shall be deleted;
Points (p) to (s) shall be renumbered as points (o) to (r).
4. In Article 2 (o), the words "and the ranking station 'shall be inserted after the word" do not move'.
5. in Article 2, point (p) shall be deleted;
Points (q) and (r) shall be renumbered as points (p) and (q).
6. in Paragraph 2 (p):
"(p) maintenance, reconstruction, modernization or optimisation of the track activity related to the replacement or renewal of railway superstructure, bottom and related equipment, underlining and grinding of tracks, possibly the addition of track, pre-electrification, electrification of track or other related treatment,";
7. in Article 2, the following point (q) is inserted after point (p):
"(q) by maintaining, renovating, modernising or capacitating infrastructure, an activity related to the laying of a new road surface or the extension of the road while maintaining the road direction or height line or other related treatment, including a related short-term circumference, ';
Point (q) shall be renumbered as point (r).
8. In Article 2, at the end of point (r), the dot is replaced by a comma and the following points (s) and (t) are added, including footnote 4:
"(s) low-frequency noise in a non-working environment, the most energy of which lies in a frequency band defined by a third octave band with a mean frequency of 10 Hz to 200 Hz;
(t) construction activities activity in the construction site under other legislation4).
4) Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended. Act No. 283 / 2021 Coll., Construction Act, as amended. '
9. Paragraph 3 (1) reads as follows:
"(1) The permissible exposure limit for steady-state and variable noise at work, expressed in equivalent sound pressure level A LAeq, 8h is 85 dB. ';
10. In Article 3, the following paragraph 5 is inserted after paragraph 4:
"(5) The average noise exposure shall be used instead of the daily noise level to assess the total noise level to which workers are exposed during the period under consideration. Individual daily noise exposure shall first be converted into working hours of 8 hours. ';
Paragraphs 5 to 9 shall be renumbered paragraphs 6 to 10.
11. in Article 4 (1) and (2):
"(1) The permissible exposure limit for impulse noise, expressed in equivalent sound pressure level A LAeq, 8h is 85 dB.
(2) The permissible exposure limit of the impulse noise expressed as the peak sound pressure level C LCpeak is 140 dB. ';
12. in Article 4 (5), "§ 3 (5)" is replaced by "§ 3 (6)";
13.
„§ 8
Hygienic noise, infrasound and ultrasound limit at workplaces other than an eight-hour shift
Hygienic limit of noise exposure, infrasound, low-frequency and high-frequency noise and ultrasound expressed as sound level And for a non-eight-hour shift in minutes, it shall be determined by adding to the permitted exposure limits LAeq, 8h, Lteq, 8h or LGeq, 8h the KT correction to be determined according to the relationship
KT = 10.lg (480 / T), [dB],
where T is different from the eight-hour shift in minutes. ';
14. In Paragraph 10 (1), the words "or that the average value of the peak sound pressure C is greater than 112 Pa 'are deleted.
15. in Paragraph 10 (2), the words "or the maximum permissible value of 200 Pa," shall be deleted;
16. In Paragraph 11, the following paragraph 3 is inserted after paragraph 2:
"(3) Hygienic limit of equivalent sound level A from air traffic refers to a characteristic flight day and is determined for the whole day by the equivalent sound pressure level A LAeq, 16h is equal to 40 dB and for the whole night by the equivalent sound pressure level A LAeq, 8h is equal to 30 dB. '
Paragraphs 3 to 5 shall be renumbered paragraphs 4 to 6.
17. Paragraph 12 (4) to (6) is deleted.
Paragraphs 7 to 9 shall be renumbered paragraphs 4 to 6.
18. In Article 15, the following paragraph 2 is inserted after paragraph 1:
"(2) In order to assess the overall level of vibration to which workers are exposed during activity, where vibration exposure varies significantly between daily vibration exposures during the reference period, the average vibration exposure shall be used instead of the daily level of vibration acceleration or vibration acceleration. Individual daily vibration exposure should first be converted into 8 hours of working time. For individual vibration sources measured, frequency analysis shall be performed. If the dominant components of the frequency weighted acceleration are at lower frequencies, conversion to the reference period cannot be applied. ';
Paragraphs 2 to 8 shall be renumbered paragraphs 3 to 9.
19. Paragraph 20 (5) is deleted.
Paragraph 6 shall become paragraph 5.
20. Part A of Annex 3 reads as follows:

„Část A

Correction for the determination of hygiene noise limits in protected outdoor areas of buildings and in protected outdoor areas
Druh chráněného prostoruKorekce [dB]
1)2)3)
Chráněný venkovní prostor staveb lůžkových zdravotnických zařízení včetně lázní-5+5+13
Chráněný venkovní prostor lůžkových zdravotnických zařízení včetně lázní0+5+13
Chráněný venkovní prostor ostatních staveb a chráněný ostatní venkovní prostor0+10+18
The corrections given in the table are not added.
For night time, additional correction -10 dB is added for the protected outdoor space of buildings, except for traffic noise on railway and tram tracks where correction -5 dB is used.
If there is a combination of infrastructure with different hygiene noise limits, the resulting noise limit shall be determined according to the communication from which the contribution of noise from transport to that communication is predominant.
Rules for the application of the correction set out in the table:
1) It shall be used for stationary noise. A further correction + 5 dB is added for the ranking station which was put into service before 1 November 2011.
2) It shall apply to road and rail noise which have been placed and authorised by a decision or measure under another legislation after 31 December 2000.
3) It shall apply to road and rail noise which have been placed and authorised by a decision or measure under another legislation before 1 January 2001. It shall also apply to noise from transport, if it is an activity under § 2 (p) or (q) on these roads and railways carried out after 1 January 2001. ';
Čl. II
Transitional provision
Hygienic noise limits determined in accordance with § 12 (3) and Annex 3 to Decree No. 272 / 2011 Coll., as effective from the date of entry into force of this Regulation, shall not apply to noise prevention measures.
(a) to limit noise from road and rail transport in procedures and procedures initiated and in the case of buildings authorised or collapse under other legislation before the date of entry into force of this Regulation and the procedures and procedures shall be completed in accordance with existing legislation; or
(b) approved by the Public Health Protection Authority in the form of a temporary permit pursuant to Article 31 of Act No. 258 / 2000 Coll., on the Protection of Public Health and amending certain related acts, as amended, before the date of entry into force of this Regulation;
if the noise in the protected outdoor areas and in the protected outdoor areas of the buildings does not exceed the value of the noise which has been objectified by the measurement at the reference control point when the noise prevention measure is put into use; this noise value plus 0,5 dB shall be considered as a hygiene noise limit during the period of validity of that condition.
Čl. III
Efficacy
This Regulation shall take effect on 1 July 2023.
Prime Minister:
Prof. PhDr. Fiala, Ph.D., LL.M., v. r.
Deputy Prime Minister and Minister for Health:
Prof. MUDr. Válek, CSc., MBA, EBIR, v. r.

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Regulation Information

CitationGovernment Regulation No. 433 / 2022 Coll., amending Government Regulation No. 272 / 2011 Coll., on the protection of health against adverse effects of noise and vibration, as amended
Regulation TypeRegulation
Author-
CollectionCode of Laws
Date of Promulgation23.12.2022
Effective from01.07.2023
Effective until-
Status Valid

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