Decree No. 452 / 2022 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 Professional Medical Services and Certain Types of Assessment Care), as amended by Decree No. 436 / 2017 Coll.
Valid
Order
Effective from 01.01.2023
Text versions:
01.01.2023
28.12.2022
452
DECLARATION
of 20 December 2022
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), as amended by Decree No 436 / 2017 Coll.
The Ministry of Health provides, pursuant to § 95 (1) for the implementation of § 52 (a) and (c) and § 60 and in agreement with the Ministry of Education, Youth and Sports pursuant to § 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, (Decree on occupational medical services and certain types of assessment care), as amended by Decree No. 436 / 2017 Coll., is amended as follows:
1. in Article 2 (a) (1), the words "by which medical examinations are carried out by a provider of occupational medical services or by a registering provider in the field of general medical practice" shall be deleted;
2. in Paragraph 2 (a) (2), including footnote 3, the following shall be added:
"2. an assessment of the results of the monitoring of the burden on the body of workers by the action of risk factors for the work environment (hereinafter" risk factor "), including the results of biological exposure tests, in order to determine that burden; risk factors are the risk factors of working conditions as set out in the Annex to this Decree and under the legislation governing the protection of public health and the protection of health and safety at work3), as well as risks to the life and health of workers or other persons in the performance of their duties (hereinafter referred to as" occupational risk '), including risks arising from other legislation;
3) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. Act No. 309 / 2006 Coll., regulating other requirements of safety and health at work in employment relations and on ensuring health and safety at work or providing services outside employment relations (Act on other conditions of safety and health at work), as amended. Government Regulation No. 361 / 2007 Coll., laying down conditions for health protection at work, as amended. Decree No. 432 / 2003 Coll., laying down the conditions for the classification of works into categories, the limit values for biological exposure test indicators, the conditions for the collection of biological material for carrying out biological exposure tests and the formalities for reporting work with asbestos and biological agents, as amended. '
3. in Paragraph 2 (b):
"(b) advice shall be all advisory activities necessary for the purposes of point (a) on the basis of the findings of supervision referred to in point (c), as well as the training of employees designated by the employer in first aid and advisory activities in the processing of the design of workplace equipment by means of the provision of first aid to employers,";
4. In Article 2 (c) (3), the words "at work 'shall be inserted after the words" at work' and the words "at work 'shall be added after the words" at risk of occupational diseases'.
5. Paragraph 3 (2), including footnote 5, reads:
"(2) The supervision provided for in Article 2 (c) shall be carried out at least once every 3 calendar years at the employer's workplaces, where the work covered by the second risk, third and fourth are covered by the Act on Public Health Protection (hereinafter referred to as" risk work '), or where the occupational risk or medical fitness conditions are laid down by other legislation5 for the work carried out. For other works included in categories 1 and 2 under the Public Health Protection Act, supervision shall be carried out where the employer so provides or is requested by the provider of occupational medical services; in such cases, the frequency shall be determined by the employer in agreement with the occupational health service provider, taking into account the nature of the operation and the occurrence of risk factors. Supervision shall not be carried out in particular in the means of transport of the employer and in equipment in the test run.
(5) For example, the Act No 49 / 1997 Coll., on Civil Aviation and on the amendment and amendment of the Act No. 455 / 1991 Coll., on Commercial Business (Trade Act), as amended, Act No. 361 / 2000 Coll., on Road Traffic and on the Changes of Certain Laws, as amended, Act No. 361 / 2003 Coll., as amended, Act No. 585 / 2004 Coll., as amended, Act No. 561 / 2004 Coll.
6.
The scope of occupational medical services shall be determined by reference to the health performance of the work carried out according to the classification of the work under the Act on the Protection of Public Health, the content of the activities for professional risk or the content of the activities whose performance is provided for by other legislation5). The performance of the occupational medical examination shall include the conduct of a basic examination, an evaluation of the results of the medical condition established, a differential diagnostic and assessment balance sheet, and, where appropriate, the request for and evaluation of the professional examinations, the recording of the medical file, the processing of the medical assessment and the provision of its transmission to the authorised persons and the related administrative activity. ';
7. The group title above the designation § 6 reads:
"Professional medical examinations, medical examinations to determine the state of health for education and during education and professional examinations'.
8. Paragraph 6 (1) reads as follows:
"(1) Medical examinations, including medical examinations (hereinafter referred to as" occupational medical examination "), and medical examinations for the detection of health status and fitness for education or during training, including technical examinations (hereinafter referred to as" medical examination for education or during training "), shall be carried out for the purpose of excluding diseases, defects or conditions (hereinafter referred to as" disease ") which restrict or exclude medical fitness for work or education. The risk factors and the list of diseases which restrict or exclude medical fitness for work or education in the event of these factors, the scope of the professional examinations and the frequency of medical examinations where they are not carried out in accordance with § 11 are set out in the Annex to this Decree, unless otherwise specified). ';
9. In Section 7 (1) of the Introductory Part of the provision, the words "medical examinations for the education or the course of education or for each occupational examination 'are replaced by the words" occupational examinations and any medical examinations for the training or during training'.
10. in Article 7 (2) (c), the words "No 2 to this Order" shall be replaced by the words "this Order" and the words "risk to health" shall be replaced by "professional risk."
11. in Article 7, the words "unless otherwise agreed between the employer and the occupational health service provider" shall be added at the end of the text of paragraph 4.
12. in Article 7 (5), the words "No 2 to this Order" shall be replaced by the words "This Order."
13. Article 8 shall be deleted;
14. in Article 11 (2) (a), the words "where the employer or employee so requires" shall be added at the end of the introductory part of the provision.
15. in Article 11 (2) (b), the words "where the employer or employee so requires" shall be added at the end of the introductory part of the provision.
16. In Section 11 (3) of the introductory part of the provision, the words "health risk 'are replaced by the words" occupational risk'.
17. in Article 11 (4), the words "No 2 to this Order" shall be replaced by the words "This Order."
18.Paragraph 11 (5) reads as follows:
"(5) In addition, periodical examinations shall be carried out in the case of work of the same type carried out on the basis of work agreements outside the employment relationship with regard to work at professional risk or carried out under another legislation or where the performance of such examinations is required by the employee or employer. ';
19. In Article 11, the following paragraph 7 is added:
"(7) If a staff member or employer requests a periodic examination, the employer shall issue an application to the staff member for such an examination. ';
20. in Article 12 (2) (d), the word 'repeatedly' shall be replaced by 'at least twice' and the words' or measurements' shall be inserted after the words' other examinations'.
21. in Article 12 (2) (f) (1), the word "professional" shall be inserted after the word "part" and the words "health hazard" shall be deleted;
22. in Article 12 (2) (f), at the end of the text in point 3, the words "unless the work is interrupted because of maternity or parental leave."
23. in Article 12 (2) (f) of the final part of the provision, the word "the longest" shall be deleted.
24. in Article 12 (4) (a), the words "(hereinafter referred to as" special inspection in the incomplete sense ")" shall be inserted after the words "incapacity for work" and, at the end of the text in point (a), the words "or, where the provider of occupational medical services does not so require," shall be added.
25. in Article 12 (4), the words "(hereinafter referred to as" a full-scale emergency visit ")" shall be added at the end of the text in point (b).
26. in Paragraph 12 (5):
"(5) When carrying out an emergency inspection in full, a new deadline for carrying out a further periodic inspection shall be set in accordance with Section 11. When carrying out an extraordinary examination in an incomplete manner, there shall be no change in the period of the periodic examination provided for in Article 11, unless the medical opinion indicates otherwise. '
27. in Paragraph 13 (2) (a) (3), "repeatedly" is replaced by "at least twice."
28. In Paragraph 14 (1), the words "necessary health care 'are replaced by the words" necessary health services'.
29. in Article 14 (2), the text "No 2" shall be deleted from the introductory part of the provision.
30. The following Section 14a is inserted after Section 14:
(1) Medical examinations for or during education are:
(a) a medical examination of the applicant for education in a secondary or higher vocational school; is carried out before the application for education is filed in the relevant field of education,
(b) medical examination of a pupil or student during education
1. when the health status is changed,
2. prior to the first qualification for 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;
(c) medical periodical examination ("periodical examination") of a pupil or student; It shall be carried out once a year if the student or student carries out risky work in practical training or training; the date relevant for determining the date of the periodical examination shall be the date of issue of the medical assessment before the first entry into practical training or practical training.
(2) Medical examinations referred to in paragraph 1
(a) (a) or (b) (1) shall be carried out at the request of a legal representative of a minor applicant for education, a pupil or a student or an adult candidate for education, a pupil or a student; If a student or a student with an ordered constitutional education or imposed protective education is involved, such examinations may, where necessary, be carried out at the request of the Director of the appropriate establishment for the performance of constitutional or protective education,
(b) points (b) (2) and (c) shall be implemented at the request of the school director; Where practical training or training is carried out at the workplace by a legal or natural person, the school director shall, for the purposes of applying to such persons, request information on the type and mode of work to be carried out by the pupil or student and on the health and safety risks of the work and the degree of risk expressed by the categories of work. ';
31. in Article 15 (1) (c), the words "and specific work activities" and the words "work arrangements" shall be replaced by the words "working time arrangements";
32. Article 16 and 17, including the group title and footnote 26, read:
"Medical assessment on fitness for work and medical assessment for education or during training
Medical opinion on medical fitness to work in addition to formalities under legislation governing the formalities and content of medical documentation 26) contains
(a) employer identification data,
1. the business firm or the name and address of the registered office of the employer or the organisational body of a foreign person in the territory of the Czech Republic, the identification number of the person, if assigned, if the employer is a legal person,
2. the address of the registered office, the name or, where applicable, the name, surname, date of birth, the address of the place of permanent residence and, where applicable, the place of residence in the Czech Republic, if the employer is a natural person,
3. the name, registered office and identification number of the organisational body of the State or region or municipality, if the employer is a State, a county or a municipality;
(b) data on the working classification of the person under consideration, as well as data on the type of work and specific work activities, the working time regime, the risk factors in relation to specific work, the degree of risk factors of working conditions expressed by the category of work, according to the relevant risk factors of working conditions;
(c) assessment conclusion,
(d) identification of the assessor and his signature; and
(e) the date of the emergency inspection, if such a procedure is justified.
(1) The medical assessment on medical fitness for education, except for the formalities provided for in the legislation governing the formalities and content of the medical documents26) contains:
(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 operating the school, if allocated;
(b) the code and name of the field of education for which the applicant for education has been assessed;
(c) the assessment conclusion; and
(d) the identification of the assessor and his signature.
(2) The medical assessment of medical fitness during training, in addition to the particulars referred to in paragraph 1, shall include:
(a) the code and name of the field of education of the person under consideration, the details of the conditions of teaching and practical teaching and of the risk factors in relation to specific work, the degree of risk factors of working conditions expressed by the categories of work, according to the relevant risk factors of working conditions; and
(b) the date of the next inspection, if it is justified to carry out the inspection.
26) Decree No. 98 / 2012 Coll., on Health Documentation, as amended. § 43 (3) of Act No. 373 / 2011 Coll., on Specific Health Services, as amended. '
31. Annex No 1 shall be deleted;
Annex No 2 to date is renumbered "Annex to Decree No 79 / 2013 Coll. '.
34. In the introductory part of the Annex to the heading "Health performance of the work carried out ', the words" risk to health' are replaced by the words "occupational risk '.
35. In the Annex, the title of Part I reads:
"Part I. Risk factors of working conditions."
36. In Part I of the Annex, the sentence "This part of the Annex shall apply only to risk works, unless otherwise specified in this Annex or in any other legislation. 'is inserted under the heading.
37. In the Annex to Part I, point 2.32.1. of the entry "Periodic inspection ', a comma is inserted after the words" basic examination'.
38. In point 3.5. of the Annex to Part I. "Entry inspection ', the words" indicative' are inserted after the words "basic examination 'and the words" tone audiometry' are inserted after the words "screening audiometry '.
39. In Annex I, point 4.1. A. is replaced by a comma at the end of point 4 and the following point 5 is added:
"5. morbid obesity with BMI above 40."
40. In the Annex to Part I of the title of point 7.2.1, the words "and substances which may irritate the skin 'are replaced by the words" which are skin irritants'.
41. In the Annex, the title of Part II reads:
"Part II Professional Risks."
42. In the Annex to Part II of the Introductory Part (1), the words "in schools and educational establishments under the Education Act," shall be deleted, the words "except for work in objects where there is no normal direct contact with pupils, clients or patients," shall be replaced by the words "in which there is normal direct contact with clients or patients," and the words "Note: For work in education involving a voice burden, heading 12 shall apply.";
43. In the Annex to Part II, point 2 is deleted.
Points 3 to 14 shall become points 2 to 13.
44. In the Annex to Part II, point 4 is deleted.
Points 5 to 13 shall become points 4 to 12.
45. In the Annex to Part II. in the title of point 5, the words "other legislation 25) 'are replaced by the words" other legislation25)'.
footnote 25:
"25) Act No. 250 / 2021 Coll., on the safety of work in connection with the operation of reserved technical equipment and on the amendment of related laws. Government Decree No. 194 / 2022 Coll., on the requirements for professional competence to carry out activities on electrical equipment and for competence in electrical engineering. '
46. In Annex II, point 7 (B. 4):
"4. moderate and severe hearing disorder,"
47. In point 8 of Part II of the Annex. A. point 7 reads as follows:
"7. moderate and severe hearing disorder,"
48. in the Annex to Part II, point 10 is deleted;
Points 11 and 12 shall become points 10 and 11 respectively.
49. In the Annex to Part II of the title of point 10, the following is added after the words "Night Work": "Staff working at night under Section 78 (1) (k) of Act No. 262 / 2006 Coll., Labour Code, as amended by Act No. 365 / 2011 Coll."
50. In point 10 of the Annex to Part II of the title of point B., the words "and risks' shall be inserted after the words" Diseases'.
51. In point 10 of Part II of the Annex. B. at the end of the text in point 5, the words "regular and long-term use of sleeping and calming medicines" shall be added.
52. In point 10 of Part II of the Annex. B is replaced by a comma at the end of point 7 and the following points 8 and 9 are added:
"8. Serious metabolic diseases including diabetes mellitus and metabolic syndrome,
9. Breast cancer or the presence of a significantly increased risk of breast cancer. '
53. In the Annex to Part II, the title and the introductory part of point 11 shall read:
"11. Further work or activities at professional risk that are provided for in the framework of risk prevention, where such risks cannot be eliminated, by the employer, in cooperation with the provider of the occupational medical services and work listed in the second category, which include the following risk factors for working conditions referred to in Part I.
Risk factors for working conditions under Part I:
1. substances having a delayed effect on carcinogen 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;
2. substances toxic for reproduction categories 1 and 2 or categories 1A and 1B
a. Metal mercury and its inorganic compounds;
b. Arsenic and its compounds;
c. Beryllium and its compounds;
b.
c.
3. Nickel and its compounds,
4. organo-phosphorus compounds (e.g. organophosphates - OF and tricrezylphosphate-TKP and others),
5. fluorine and its inorganic and organic compounds;
6. trichloroethylene and tetrachloroethylene (perchloroethylene);
7. carbon tetrachloride, trichloromethane (chloroform), dichloromethane (methylene chloride), 1,1-dichloroethane, 1,2-dichloroethane, 1,1,1-trichloroethane, 1,1,2-trichloroethane,
8. vinyl chloride (chloroethane),
9. 1,3-butadiene (buta-1,3diene),
10. aromatic and heterocyclic aldehydes (for example, 2-furaldehyde (furfural), tetrahydrothiopyrano-3-carboxaldehyde, benzaldehyde);
11. acrylonitrile and other nitrites (for example, acetonitrile, propanonitrile, malononitrile, adiponitrile dimethylformamide),
12. benzene,
13. styrene (vinylbenzene) and divinylbenzene and styrene oxide,
14. aromatic nitro compounds (for example, nitrobenzene, nitrotoluene, dinitrobenzene, dinitrotoluene, dinitrophenol, trinitrophenol (picric acid), dinitroo-crezole, dinitrochlorbenzene),
15. aromatic amino compounds (for example, aniline, p-toluidine, m- toluidine, benzidine and its salts, dichlorobenzidine and its salts, 2-naphthylamine, 4-aminobiphenyl and its salts, o-toluidine) with particular regard to C, M and R, if any of these compounds have this classification,
16. polychlorinated biphenyls, dibenzodioxins (for example, 2,3,7,8-TCDD) and dibenzofurans,
17. polycyclic aromatic hydrocarbons (for example, benzo (a) pyrene, benzo (a) anthracene, benzo (e) acetenanthylene, benzo (j) fluoranthene, benzo (k) fluoranthene, dibenzo (a, h) anthracene, chrysen, benzo (e) pyrene),
18. Carbamate insecticides (such as ACHE-aldicarb inhibitors, carbofuran, methomyl, bendiocarb, carbaryl, pirimicarb inhibitors),
19. Tin compounds (only applicable to inhalation exposure),
20. Ethylene oxide (oxirane) and epichlorohydrin (1-chloro-2,3-epoxypropane; chloromethyl oxirane);
21. halogenated alkyl ethers and arylethers (for example, bis (chloromethyl) ether and chloromethyl methyl ether),
22. formaldehyde and other aliphatic aldehydes (for example, acetaldehyde, butyraldehyde, paraldehyde (2,4,6-trimethyl-1,3,5-trioxane), glutaraldehyde, metaldehyde, acrylaldehyde (acrolein)),
23. electric arc welding with respect to inhalation exposure, including stainless steel welding,
24. allergens and irritants causing bronchial asthma and allergic rhinitis - high molecular, low molecular allergens and substances causing exogenous allergic alveolitis,
25. Factors that cause malignant skin tumors (sunlight, artificial UV radiation),
26. contact allergens and substances that may cause skin sensitisation, contact iritants that are skin irritants,
27. substances having a predominantly acnegenic effect of the type of cooling fluids and cutting oils, excluding those specified in subheading 17;
28. other substances classified as carcinogenic, mutagenic or toxic for reproduction;
29. vibration with transfer to upper limbs,
30. Unacceptable jobs. '
Transitional provision
A person recognised as fit under Decree No. 79 / 2013 Coll., as effective before the date of entry into force of this Order, shall be deemed to be fit under this Order until the expiry of his medical opinion or the next occupational medical examination, unless otherwise provided for by the law.
Efficacy
This Decree shall take effect on 1 January 2023.
Minister for Health:
Prof. MUDr. Válek, CSc., MBA, EBIR, v. r.
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Regulation Information
| Citation | Decree No. 452 / 2022 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), as amended by Decree No. 436 / 2017 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.2022 |
|---|---|
| Effective from | 01.01.2023 |
| Effective until | - |
| Status | Valid |
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