Decree No. 436 / 2017 Coll.
Decree amending Decree No. 79 / 2013 Coll., on the implementation of certain provisions of Act No. 373 / 2011 Coll., on specific health services, (Decree on occupational medical services and certain types of assessment)
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436
DECLARATION
of 6 December 2017
amending Decree No. 79 / 2013 Coll., on the implementation of certain provisions of Act No. 373 / 2011 Coll., on Specific Health Services (Decree on occupational medical services and certain types of assessment)
The Ministry of Health provides, pursuant to § 95 (1) for the implementation of § 52 (a), (c) and (d) and § 60 and in agreement with the Ministry of Education, Youth and Sports under § 95 (2) for the implementation of § 52 (b) of Act No. 373 / 2011 Coll., on Specific Health Services, as amended by Act No. 202 / 2017 Coll.:
Decree No. 79 / 2013 Coll., on the implementation of certain provisions of Act No. 373 / 2011 Coll., on Specific Health Services (Ordinance on occupational medical services and certain types of assessment) is amended as follows:
1. footnote 1 shall read:
"(1) Article 45 (3) (a) and (b), Article 45 (4), Article 47 and Article 49 of Council Directive 2013 / 59 / Euratom of 5 December 2013 laying down basic safety standards for the protection against exposure to ionising radiation and repealing Directives 89 / 618 / Euratom, 90 / 641 / Euratom, 96 / 29 / Euratom, 97 / 43 / Euratom and 2003 / 122 / Euratom. Article 10 (2) of Directive 2003 / 10 / EC on minimum health and safety requirements against exposure of workers to risks related to physical agents (noise) (17th individual Directive within the meaning of Article 16 (1) of Directive 89 / 391 / EEC). Article 9 (1) and (2) of Directive 90 / 270 / EEC of 29 May 1990 on minimum health and safety requirements for work with imaging units (fifth individual Directive within the meaning of Article 16 (1) of Directive 89 / 391 / EEC). Article 14 (1) of the Annex to Council Directive 2014 / 112 / EU of 19 December 2014 implementing the European Agreement on the adaptation of certain aspects of the organisation of working time in the inland waterway transport sector concluded by the European Union of Inland Navigation (EBU), the European Maritime Captains Organisation (ESO) and the European Transport Workers' Federation (ETF). ';
2. In Article 2 (a), the words "including the risks arising from other legislation 'shall be added at the end of the text of point 2.
3. in Paragraph 3 (2) (b), the words "other legislation5" shall be replaced by the words "Part II of Annex 2 to this Decree or other legislature5";
4. In Section 4, the first sentence after the word "Regulation 5) 'is replaced by the following:
5. In Article 5, at the end of the text of paragraph 1, the words "and the proof of receipt by the employer of the alert shall be added, provided that such receipt is not confirmed by the signature of the employer or of the person acting on his behalf in the alert '.
6. Paragraph 6 (2) reads as follows:
"(2) Health status for the assessment of medical fitness in occupational medical examinations shall be assessed on the basis of:
(a) the information identified in the supervision referred to in Article 2 (c), if not for the case where the occupational medical examination is carried out by the registrant;
(b) the information contained in the employer's written application for a health check;
(c) the conclusions of the basic examination and, where appropriate, other expert examinations; and
(d) the information contained in the extract from the medical file kept by the person concerned by the registering provider in the field of general medical practice or in the field of practical medicine for children and adolescents (hereinafter referred to as the "health documentation of the registrant"), where such an extract is required under the law or this decree; where the medical file kept by the person being assessed by the provider of occupational medical services (hereinafter referred to as the "health file on occupational medical services') contains a previously requested extract from the medical file of the registrant and this is stated in the application for an extract, the new extract may be provided in the case of a change in the health status of the person being assessed by the registrant only for the period from the date of issue of the previously requested extract.
Data from the health documentation of the registering provider, which is also a provider of occupational medical services, shall be recorded to the extent necessary in the health file on occupational medical services. ';
7. In Article 6, the following paragraph 3 is inserted after paragraph 2:
"(3) Where the health status of a registered health service provider is assessed on the basis of a request under Article 54 (2) (b) of the Act, the procedure laid down in paragraph 2 (b) and (c) shall be followed. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
8. In Article 7 (2) (b), the words "in the event of an emergency inspection 'shall be inserted after the words" carried out'.
9. in Article 7 (2) (d), the following point 2 is inserted after point 1:
"2. if the person under assessment is not registered with any registrant and if, according to the health assessment, this is justified in the basic examination to exclude diseases which restrict or exclude medical fitness for work or education or during training; a statement that the person under assessment is not registered with any registrant shall be entered in the health file on occupational medical services; ';
Point 2 is renumbered point 3.
10. In Article 7 (6), the words "including a recommendation on the conclusion on its medical fitness' shall be inserted after the word" persons'.
11. in Article 7, the following paragraph 7 is added:
"(7) Where different periods for carrying out periodic examinations are laid down for the assessment of medical fitness for work by this decree or other legislation, only those professional examinations necessary for the purpose of this inspection shall be carried out during the periodic examination. This shall not prevent the procedure referred to in paragraph 2 (d). ';
12. in § 8 (1) (b) (2):
"2. prior to the first entry into practical training or training, unless the assessment of the medical fitness of the person preparing for the pursuit of the profession is not carried out under the law."
13. in Article 8 (1), the words "the date applicable to the date of the periodical examination shall be the date of issue of the medical opinion before the first entry into practical teaching or practical preparation" shall be added at the end of the text of point (c).
14. in Article 8 (2) (a), the words "applicant for education" shall be inserted after the words "minor" and after the words "adult."
15. in Paragraph 9 (1) (b), the word "medical" shall be deleted;
16. In Paragraph 10 (2), the words "before a change in the type of work or" and the words "shall be inserted after the word" whether or not a change in such conditions leads to a change in the resulting category of work "shall be replaced by the words" or their amendment or classification, as the case may be, to the performance of the risk work. "
17. in Article 11 (2) (b) (1), "5 years" is replaced by "4 years."
18. in Paragraph 11 (2) (b) (2), "3" is replaced by "2."
19. In Article 11 (3) of the Introductory Part of the provision, the words "unless a shorter period is set for the conduct of the periodical examination referred to in paragraph 2 'shall be inserted after the word" health'.
20. Paragraph 11 (4), including footnote 11, reads:
"(4) Paragraph 2 or 3 shall not apply where another legislature11) or Annex 2 to this Decree provides otherwise.
11) For example Act No. 263 / 2016 Coll., Atomic Act, Act No. 361 / 2000 Coll., Act No. 361 / 2003 Coll., Decree No. 393 / 2006 Coll., on medical fitness, as amended, Act No. 262 / 2006 Coll., Labour Code, as amended. '
21. Paragraph 11 (5) reads:
"(5) Periodic examinations shall also be carried out in the case of work of the same type carried out under work agreements outside the employment relationship, provided that:
(a) the same type of work is carried out on the basis of such agreements repeatedly and the sum of the periods during which the work is repeated is longer than the period for carrying out the periodic examination referred to in paragraph 2 or 3 or, where appropriate, under other legislation; or
(b) the employer shall require such inspections to be carried out. ";
22. In Article 11, the following paragraph 6 is added:
"(6) The date applicable for the determination of the periodical examination date shall be the day
(a) issue a medical opinion based on:
1. entry or emergency inspections pursuant to § 12 (2) (e) or (f) (3); or
2. periodic examinations if the current medical opinion has expired; or
(b) the commencement of work of the same type first agreed on an agreement on work outside the employment relationship referred to in paragraph 5. ';
23. Footnote 12 reads:
"12) Act No. 263 / 2016 Coll. '.
24. in Article 12 (2) (e), the word "interval" is replaced by the words "deadline for transposition";
25. In Paragraph 12, the period shall be replaced by a semicolon at the end of paragraph 2 and the final part of point (f) shall be added "an extraordinary inspection after the end of the work interruption shall be carried out no later than 5 working days after the start of the work."
26. in Article 12 (4) and (5):
"(4) During an emergency inspection by:
(a) paragraph 2 (a) to (d) or (f) (1) or (2) or paragraph 3 (b); (b) the health status of the person under examination shall be assessed on the basis of the basic and other technical examinations necessary for the purpose of the inspection and the medical records of the registrant, as well as, where appropriate, the medical reports of the treating doctor who has ceased temporary incapacity for work; an extract from the medical documentation of the registrant need not be required if a period of less than 6 months has elapsed since the last medical opinion,
(b) paragraph 2 (e) or point (f) (3) or paragraph 3 (a) shall be assessed on the basis of the basic and other professional examinations referred to in Article 7 (2) and the extract from the health documentation of the registrant.
(5) Except as provided for in paragraph 2 (e) or (f) (3), where a new period for carrying out a further periodic examination is set in accordance with Article 11, the exceptional examination shall not change the period for carrying out the periodic examination provided for in Article 11, unless the medical opinion indicates otherwise. "
27. In Article 12, paragraph 6 is added:
"(6) If the current medical assessment is to expire within less than 90 days or the current medical assessment is no longer valid and if there is a special and periodic examination at that time, a periodic examination shall be carried out; the tests necessary for an emergency examination, as determined by the medical examiner, shall be carried out in the light of the reason for the emergency examination, or the tests provided for in the decision of the competent public health authority. ';
28. In Paragraph 13 (1), the words "at the request of a staff member, or when provided for by another law," shall be deleted and at the end of the paragraph, the sentence "A statement from the health file of the registering provider shall not be required to establish the staff member's health status in accordance with the first sentence."
29. Paragraph 13 (2), including footnote 24, reads:
"(2) Output inspection is carried out
(a) at the end of an employment relationship or similar relationship, whenever:
1. the employee has performed a job classified under the Public Health Protection Act in the second risk category, third or fourth;
2. at the time of work of the staff member, the current employer has recognised an occupational disease or a threat to occupational diseases, if any; or
3. the staff member has suffered an accident at work with the current employer and, as a result, has been repeatedly recognised as having temporary incapacity for work, or a new point assessment of pain or social hardship has been carried out in accordance with the legislation governing compensation for accidents at work or occupational disease (24);
(b) prior to the transfer of an employee to another job or before the change in the type of work as regards the termination of a risk job; or
(c) where other legislation so provides.
On the basis of an exit check, a certificate of execution shall be submitted to the person and person who requested the search. A copy of the certificate shall be entered in the health file of the occupational medical services.
24) Government Regulation No. 276 / 2015 Coll., on the compensation of pain and social difficulties caused by accidents at work or occupational diseases, as amended by Government Regulation No. 224 / 2016 Coll. '
30. Paragraph 13 (3) reads:
"(3) An exit check at the end of an employment relationship or similar relationship shall also be carried out where the employer or his employee so requests. ';
31. in Paragraph 15 (a) (2):
"2. the address of the seat, the name and / or surname, surname, date of birth, the address of the place of permanent residence or place of residence in the Czech Republic, if any, if the employer is a natural person."
32. In Paragraph 15 (b), the words "on the territory of the Czech Republic, or the address of the place of the declared temporary stay in the territory of the Czech Republic, or, if there is no such address, the address of the place of residence" shall be replaced by the words "possibly the place of residence in the territory of the Czech Republic, if it is a stranger."
33.In Article 15, the words "in the case of an exit check, an indication of the time of exposure to the relevant risk factor shall be added at the end of the text (c)."
34. In Article 15, at the end of the text in point (d), the words "in the event of an emergency and periodic inspection, this fact shall be added."
35. at the end of the text of point (e), the words "in the event of a collision of an extraordinary and periodic inspection shall be added."
36. In Paragraph 15, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) In the case of an application for an exit check, paragraph 1 shall apply mutatis mutandis. ';
37. After Paragraph 15, the following Section 15a is inserted:
Forms of application for medical examination and medical assessment for education and during training
(1) The application for a medical examination and an assessment of the medical fitness of the applicant for education in a secondary or higher vocational school shall include the following elements:
(a) school identification details, the name of the legal person operating the school and the address of the school's head office;
(b) the identification details of the applicant for the training, the name and, where applicable, the names, surnames, date of birth, the address of the place of permanent residence of the applicant for the training, and, where applicable, the place of residence in the Czech Republic, if any, if it is a foreigner,
(c) the code and name of the field of education indicated in the application for study;
(d) the reason for the inspection.
(2) The application for a medical examination and assessment of the medical fitness of a pupil or student in the course of training, in addition to the formalities referred to in paragraph 1 (a), (b) and (d), shall contain:
(a) the identification number of the legal person carrying out the school's activities, if assigned;
(b) the code and name of the field of education for which the pupil or student is assessed;
(c) the type of inspection required;
(d) information on the conditions of teaching and practical teaching and on the risk factors in relation to specific work and the degree of risk factors of working conditions expressed by the categories of work according to the relevant risk factors of working conditions, if the application is made pursuant to § 8 (1) (b) (2) or (c). "
38. in Article 16 (1) (a):
'(a) the school's identification data, namely the name of the legal person operating the school, the address of the school's registered office and the identification number of the legal person performing the school's activity, if any,';
39. in Article 16 (1) (b) and (2) (a), "education" is replaced by "education."
40. in § 17 (a) (2):
"2. the address of the seat, the name and / or surname, surname, date of birth, the address of the place of permanent residence or place of residence in the Czech Republic, if any, if the employer is a natural person."
41. After Paragraph 17, the following Section 17a is inserted:
Formats of confirmation of completion of exit check
The confirmation of the exit inspection shall include the following elements:
(a) the employer's identification data within the scope of Article 17 (a);
(b) identification details of the person for whom the exit check was carried out, the name or, where applicable, the name, surname, date of birth, the address of the place of permanent residence of that person or, where applicable, the place of residence in the Czech Republic, if any, of a stranger;
(c) data on the existing work classification of the person under consideration, as well as data on the type of work, the mode of work, the risk factors in relation to the specific work carried out by the person under consideration, and the degree of risk factors of the working conditions expressed by the categories of work according to the individual risk factors of the working conditions,
(d) an indication of the exposure time to the relevant risk factor if the employer indicates it in the application;
(e) the date of the exit inspection;
(f) the identification data of the health service provider issuing the certificate, namely the person's identification number, if assigned, the address of the registered office and the stamp of the provider;
(g) identification details of the doctor who carried out the exit examination, the name and, where appropriate, the name, surname and signature of the doctor;
(h) the date of issue of the certificate. ';
42. Annexes 1 and 2, including footnotes 14 to 22 and 25, read:
"Annex No 1 to Decree No 79 / 2013 Coll.
Time required to provide occupational medical services
The total time required to provide occupational medical services shall be determined on the basis of the sum of the minimum time needed to carry out occupational medical examinations, taking into account the workload and the minimum time needed for one job per year for advice and supervision of working conditions, including training.
| Druh pracovnělékařské prohlídky | Náročnost práce | Minimální čas potřebný k provedení pracovnělékařské prohlídky s ohledem na náročnost práce |
|---|---|---|
| Vstupní | Nízká a střední (práce zařazená do první a druhé kategorie). | 40 min. |
| Vysoká (práce zařazená do druhé kategorie rizikové, třetí a čtvrté a činnosti, pro jejichž výkon jsou stanoveny podmínky zdravotní způsobilosti jinými právními předpisy5)). | 60 min. | |
| Periodická | Nízká a střední (práce zařazená do první a druhé kategorie). | 30 min. |
| Vysoká (práce zařazená do druhé kategorie rizikové, třetí a čtvrté a činnosti, pro jejichž výkon jsou stanoveny podmínky zdravotní způsobilosti jinými právními předpisy5)). | 40 min. | |
| Mimořádná | Nízká a střední (práce zařazená do první a druhé kategorie). | 30 min. |
| Vysoká (práce zařazená do druhé kategorie rizikové, třetí a čtvrté a činnosti, pro jejichž výkon jsou stanoveny podmínky zdravotní způsobilosti jinými právními předpisy5)). | 30 min. | |
| Vysoká (práce zařazená do druhé kategorie rizikové, třetí a čtvrté a činnosti, pro jejichž výkon jsou stanoveny podmínky zdravotní způsobilosti jinými právními předpisy5), jde- li o prohlídku podle § 12 odst. 2 písm. e) nebo f) bodu 3) nebo odst. 3 písm. a). | 40 min | |
| Výstupní | Střední (práce zařazená do druhé kategorie). | 30 min. |
| Vysoká (práce zařazená do druhé kategorie rizikové, třetí a čtvrté a činnosti, pro jejichž výkon jsou stanoveny podmínky zdravotní způsobilosti jinými právními předpisy5)). | 40 min. |
The time required for carrying out the occupational examination shall include basic examination, evaluation of the results of the medical condition found, differential diagnostic and assessment balance sheet and, where appropriate, the request for and evaluation of expert examinations, recording of medical files, processing of the medical assessment and ensuring its transmission to authorised persons and related administrative activities.
| Náročnost práce | Minimální čas potřebný na jedno pracovní místo za rok pro poradenství a dohled nad pracovními podmínkami, včetně školení | |
|---|---|---|
| Poradenství a dohled | Nízká (práce zařazená do kategorie první). | 8 min |
| Poradenství a dohled | Střední (práce zařazená do druhé kategorie a činnosti, pro jejichž výkon jsou stanoveny podmínky zdravotní způsobilosti jinými právními předpisy5)). | 15 min |
| Poradenství a dohled | Vysoká (práce zařazená do druhé kategorie rizikové, třetí a čtvrté). | 30 min. |
The time needed to carry out the supervision and advice referred to in Article 2 (1) (b) and (c) may be increased taking into account, in particular, the size and location of each employer's workplace, the nature of the risk, the number of pupils or students involved in practical training or training at the workplace of the employer or disabled.
One working place for the purpose of determining the time required for the conduct of advice and supervision shall mean one job position in a single working shift.
In exchange operations, working shifts with the highest number of jobs are required to determine the time needed to conduct advice and supervision. Where additional work shifts involve posts in posts other than those in the indicative work shift, the minimum time for such posts shall be taken into account when determining the time needed to conduct advice and supervision.
Where the number of jobs is less than 10, the minimum time for at least 5 jobs with low and medium workload and 10 jobs with high workload shall be used to determine the time needed to conduct advice and supervision.
In determining the total time needed to carry out occupational medical services, the participation of the provider of occupational medical services in one-off expert activities and the measurement of risk factors for working conditions by the holders of an accreditation certificate issued under the Technical Requirements Act on Products or Authorizationholders (14) shall not be taken into account.
Příloha č. 2
Annex No 2 to Decree No 79 / 2013 Coll.
Risk factors and diseases which, when these factors occur, exclude or restrict medical fitness to work, the extent of professional examinations and the frequency of medical examinations in cases where they are not carried out in accordance with Section 11 of the Decree
Explanation of certain terms and abbreviations used
ALP: alkaline phosphatase
ALT: alanine aminotransferase
AST: asparataminotransferase
CRP: C reactive protein
ECG: electrocardiogram
FW: erythrocytes sedimentation
GMT (GGT): gamma-glutamyl transferase
KO + dif.: blood count and differential budget
creatinine, cholesterol, triglycerides, bilirubin: blood values
Alfa1 microglobulins: in the urine for the determination of tubular disorders
PEL: permissible exposure limit
PSA: Prostatic specific antigen
chest X-ray: radiodiagnostic examination of thoracic organs not older than 3 months, for carcinogens not older than 1 month
Spirometry: spirometric examination of at least FVC parameters, FEV1, FEV% with flow curve recording - volume
NDT - Non-destructive testing
Prognostic diseases: prognostic diseases are those diseases which exclude the body's ability to deal with the disease without further deterioration with the health performance of the work or working conditions carried out or for which this can reasonably be expected due to obvious continuing adverse health developments.
Serious diseases: serious diseases are those diseases which restrict the body's ability to deal with the disease without further deterioration of the health performance of the work or working conditions.
Health performance of the work carried out: the health performance of the work carried out is a qualified estimate of the body's workload taking into account the risk factors of working conditions and their level and risk to the health of workers or other persons, including risks arising from other legislation.
C - Carcinogens: substances classified as chemical carcinogens of category 1 and 2 under the legislation on chemicals (15) or as chemical carcinogens of category 1A and 1B under the directly applicable European Union legislation on the requirements for substances and mixtures (16); hardwood dust listed in Part A of Table 4 of explanatory note (b) to Annex 3 to the Government Regulation on the protection of workers' health at work when hard wood is classified as a third or fourth category under the Public Health Protection Act and cytostatics where substances which are considered as carcinogens are present in a mixture of medicinal products unless they are already classified as carcinogens of categories 1 and 2 or categories 1A and 1B.
M - Mutagens: substances classified as mutagens of categories 1 and 2 under another legislation or as mutagens of categories 1A and 1B under the directly applicable European Union legislation governing the requirements for substances and mixtures (16).
R - Substances toxic to reproduction: substances toxic to reproduction of categories 1 and 2 under another legislation or as substances toxic to reproduction of categories 1A and 1B under the directly applicable European Union regulation governing the requirements for substances and mixtures (16).
I. Risk factors for working conditions
1. CHEMICAL FACTORS (general)
1.1. Working with chemicals
Note: This is a general procedure for chemicals. The effects of all chemicals and mixtures to which the worker is exposed in the working environment in the performance of work shall always be evaluated. For each chemical work, it is necessary to assess all the hazardous properties that each individual substance has and, at the same time, the risk arising from the work of the person under consideration.
A. Diseases excluding medical fitness for work, in particular:
1. prognostic diseases of target organs for the action of the substances;
2. serious mental and behavioural disorders,
3. evidence of a history of hypersensitivity to the substances in the study.
B. Diseases in which the person concerned can be recognised as fit to work on the basis of the conclusion of a professional examination, in particular:
1. diseases of target organs for the action of the substances;
2. eczema skin disease and severe dermatosis,
3. severe cognitive and sensory disturbances.
Entry examination: basic examination, ALT, GMT for evidence of high exposure to hepatotoxic agents, urinary sediment and blood creatinine for nephrotoxic exposure. Additional expert tests according to the extent of exposure and the nature of toxic, sensitising or irritating effects, or other effects of chemicals or mixtures according to another legislation
Periodic examination: basic examination, ALT, GMT in evidence of high exposure to hepatotoxic agents, urinary sediment, alpha 1 microglobulins in the urine and blood creatinine in the nephrotoxic exposure. Additional expert tests according to the extent of exposure, the nature of toxic, sensitising or irritating effects, or other effects of chemicals or mixtures under another legislation, taking into account the results of biological exposure tests (BET)
Output inspection: examination in the range of periodic inspection
Subsequent examinations: for substances having a late-acting carcinogenic and mutagenic effect and for substances having a fibrogenic effect on the basis of a decision of the public health authority, tests within the scope of the final examination after at least five years of exposure once every 2 years
1.2. Substances having a delayed effect on carcinogenic and mutagenic carcinogens of categories 1 and 2 or categories 1A and 1B and mutagens of categories 1 and 2 or categories 1A and 1B
A. Diseases excluding medical fitness for work, in particular:
1. precancerosis or malignant tumors; if the risk of the work is significant and precancerosis or a history of malignant tumor has affected an organ or system that may also be affected by the carcinogen,
2. Severe immunodeficiency or treatment that degrades significantly the immune system.
B. Diseases in which the person concerned can be recognised as fit to work on the basis of the conclusion of a professional examination, in particular:
1. chronic skin disease,
2. diseases of lymph nodes, liver, spleen,
3. persistent unequivocal pathological findings of organs or systems which may also be affected by the carcinogen.
Entry tour: basic examination, urinary sediment, FW or CRP, KO + diff. and ALT, GMT
Periodic examination: basic examination, urinary sediment, FW or CRP, KO + diff. and ALT, GMT
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Regulation Information
| Citation | Decree No. 436 / 2017 Coll., amending Decree No. 79 / 2013 Coll., on the implementation of certain provisions of Act No. 373 / 2011 Coll., on Specific Health Services (Decree on Professional Medical Services and Certain Types of Assessment Care) |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.12.2017 |
|---|---|
| Effective from | 15.12.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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