Direct Request (CEACR) - adopted 2025, published 113rd ILC session (2025)

The Committee notes that the Government’s reports on the application of Conventions Nos 155 and 187 have not been received. It hopes that the next reports will contain full information on the matters raised in its previous comments.

Repetition

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 155 (OSH), 161 (occupational health services), 176 (safety and health in mines) and 187 (promotional framework for OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No.155)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Action at the national level

Article 2(3) of Convention No. 187. Measures to ratify relevant OSH Conventions. Following its previous comment, the Committee notes the Government’s statement in its report that it does not have further information regarding the possible ratification of other OSH conventions. The Committee requests the Government to provide information on any measures envisaged to consider measures that could be taken to ratify relevant OSH conventions in the future.

National policy

Article 3 of Convention No. 187; Articles 4 and 7 of Convention No. 155. National policy and periodic review. Consultation of the social partners. Following its previous comment, the Committee notes the Government’s indication that the National OSH Policy adopted in 2003 has been continuously updated since, serving as the basis for the biennial national programme. The Government Council on OSH was established in 2003 as the tripartite advisory body for the assessment, review and implementation of the National OSH Policy. Basic priorities and objectives of the National OSH Policy include the prevention of occupational hazards, identification, assessment and management of occupational risks, protection of specific vulnerable groups and education and training, among others. The Committee notes the Government’s information which addresses its previous request.

National system

Article 4(3)(e) of Convention No. 187. Research. The Committee notes that research and development is one of the basic priorities identified by the National OSH Policy and the National OSH Action Programme (2019–20). The Committee requests the Government to provide further information on the measures taken to implement National OSH Actions Programmes in this regard, in accordance with the targets and indicators determined, including those to ensure sufficient resources and personnel for relevant research institutes.

Article 4(3)(g) of Convention No. 187. Collaboration with insurance and social security schemes covering occupational injuries and diseases. Following its previous comment, the Committee notes the Government’s indication that compensation for industrial accidents and occupational diseases is regulated in the Labour Code (sections 269–275) and in the Civil Code (sections 2894–2971), and that subsequent legislative and technical changes have been made in a number of other legal provisions and regulation since 2015. The Committee requests the Government to provide further information on the role of insurance and social security systems in the compensation related to occupational accidents by virtue of relevant provisions of the Labour Code and the Civil Code, and to provide information on collaboration between the compensation system and authorities responsible for OSH.

Article 4(3)(h) of Convention No. 187. Mechanisms for the progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and in the informal economy. Following its previous comment, the Committee notes the Government’s information on measures taken for the progressive improvement of OSH in SMEs, in particular regarding informative and consultative activities. The Government indicates that such activities have increased knowledge of OSH good practice guidelines, as well as procedures leading to the optimization of working conditions and a safe working environment, without compromising the performance of work. These initiatives have helped SMEs both to cope with the obligations arising from their legal responsibilities and to take preventive measures. The Committee notes the Government’s information which addresses its previous request.

National programme

Article 5(2)(d) of Convention No. 187. Targets and indicators for monitoring progress and the review of national programmes on OSH. The Committee notes the Government’s indication that, based on the National Policy, the National OSH Action Programme is prepared by the Government Council for the OSH with the participation of social partners and submitted to the Government for adoption every two years. Specific medium-term and short-term tasks are part of each National OSH Action Programme. The Committee also notes that the most recent Programme available online is for the period of 2019–20 and is divided into seven basic priorities: (i) ensuring the financing of the OSH system; (ii) prevention of occupational health risks; (iii) Occupational medical services; (iv) rehabilitation after work-related accidents and occupational diseases; (v) safety and health protection of children, pupils and students; (vi) research and development; and (vii) education, awareness and promotion. The Committee requests the Government to provide information on the National OSH action programmes adopted since the 2019–20 programme. It requests the Government to provide information on the results of the evaluation of the most recent Programme, including whether the targets have been met in accordance with the timelines set, the challenges and good practices identified, as well as how such results contribute to the formulation of the National OSH Action Programme for the next period.

Occupational Health Services Convention, 1985 (No. 161)

Article 5(h) of the Convention. Vocational rehabilitation. Following its previous comment, the Committee notes the Government’s indication regarding measures to create optimal conditions for the inclusion of persons with disabilities in the labour market, within the framework of the National Plan for the Promotion of Equal Opportunities for Persons with Disabilities 2021–25. It also notes the Government’s reference to section 80 of Act No. 435/2004 on employment regarding cooperation between occupational health services and employers in relation to the individual adaptation of workplaces for persons with disabilities. The Committee further notes that Decree No. 79/2013 Coll. was amended by Decree No. 452/2022 Coll. to delete provisions regarding counselling for vocational rehabilitation as a function of occupational health services from section 2(b) of that Decree. The Committee requests the Government to provide further information on any measures taken or envisaged in law and practice to ensure that occupational health services contribute to the vocational rehabilitation of workers.

Article 5(f). Surveillance of workers’ health. Following its previous comment, the Committee notes the Government’s indication that the Amendment to Act No. 373/2011 Coll. on specific health services (Act No. 202/2017) resulted in changes in relation to the provision of occupational health services, by simplifying procedures for issuing medical assessments, and reducing the administrative and economic burden for persons involved, including employees, jobseekers and employers, as well as health service providers. In addition, the Government indicates that allowing the provision of occupational health services by a provider other than the one contracted by the employer increases the supply of these services, while simplifying access to these services for the employers concerned. The Government further indicates that the new legislation enables employer to fulfil their legal obligation to ensure the provision of occupational health services to their employees. The Committee notes the Government’s information which addresses its previous request.

Protection in specific branches of activity

Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. National policy on safety and health in mines. The Committee notes the Government’s indication that the State Mining Administration carries out a regular annual evaluation of the OSH situation in the mining sector and produces an annual report. It also notes that, as provided for by section 40(6)(a) of Act No. 61/1988 Coll. on mining activities, explosives and the State Mining Administration, the State Mining Administration develops an OSH policy in consultation with social partners. The Committee requests the Government to provide information on how section 40(6)(a) of Act No. 61/1988 Coll. is implemented in practice regarding the development of an OSH policy in mining sector in consultation with social partners.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 6(2) and 7. Appropriate levels for workers under the age of 18. Review of permissible doses in the light of current knowledge. The Committee previously noted that workers younger than 18 years were prohibited from working with sources of ionizing radiation, except for persons aged between 16 and 18 years of age for the sole purpose of vocational training (section 5(1)(e) and 5(4)(d) of Decree No. 180/2015). It noted in this respect that section 21(1) of Decree No. 307/2002 set the maximum permissible doses for apprentices and students aged between 16 and 18 as follows: an effective dose of 6 mSv in a year, the equivalent dose to the lens of the eye of 50 mSv in a year, and an equivalent dose for the skin area of 150 mSv in a year. The Committee requested the Government to provide information on measures taken to reduce the equivalent dose to the lens of the eye from 50 mSv per year to 20 mSv per year for workers aged between 16 and 18. In this respect, the Committee notes with interest that section 5(3) of Decree No. 422/2016 Coll. provides that, for pupils and students between 16 and 18 years of age who have to work with a source of ionising radiation during their studies, the dose limit for the lens of the eye has been reduced to an equivalent dose of 15 mSv. The Committee notes the Government’s information which addresses its previous request.

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.155 and C.187, C.161 and C.115

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos. 115 (radiation protection), 155 (OSH), 161 (occupational health services), 176 (safety and health in mines) and 187 (promotional framework for OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No.155)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

• Action at the national level

Article 2(3) of Convention No. 187. Measures to ratify relevant OSH Conventions. Following its previous comment, the Committee notes the Government’s statement in its report that it does not have further information regarding the possible ratification of other OSH conventions. The Committee requests the Government to provide information on any measures envisaged to consider measures that could be taken to ratify relevant OSH conventions in the future.

• National policy

Article 3 of Convention No. 187; Articles 4 and 7 of Convention No. 155. National policy and periodic review. Consultation of the social partners. Following its previous comment, the Committee notes the Government’s indication that the National OSH Policy adopted in 2003 has been continuously updated since, serving as the basis for the biennial national programme. The Government Council on OSH was established in 2003 as the tripartite advisory body for the assessment, review and implementation of the National OSH Policy. Basic priorities and objectives of the National OSH Policy include the prevention of occupational hazards, identification, assessment and management of occupational risks, protection of specific vulnerable groups and education and training, among others. The Committee notes the Government’s information which addresses its previous request.

• National system

Article 4(3)(e) of Convention No. 187. Research. The Committee notes that research and development is one of the basic priorities identified by the National OSH Policy and the National OSH Action Programme (2019–20). The Committee requests the Government to provide further information on the measures taken to implement National OSH Actions Programmes in this regard, in accordance with the targets and indicators determined, including those to ensure sufficient resources and personnel for relevant research institutes.

Article 4(3)(g) of Convention No. 187. Collaboration with insurance and social security schemes covering occupational injuries and diseases. Following its previous comment, the Committee notes the Government’s indication that compensation for industrial accidents and occupational diseases is regulated in the Labour Code (sections 269–275) and in the Civil Code (sections 2894–2971), and that subsequent legislative and technical changes have been made in a number of other legal provisions and regulation since 2015. The Committee requests the Government to provide further information on the role of insurance and social security systems in the compensation related to occupational accidents by virtue of relevant provisions of the Labour Code and the Civil Code, and to provide information on collaboration between the compensation system and authorities responsible for OSH.

Article 4(3)(h) of Convention No. 187. Mechanisms for the progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and in the informal economy. Following its previous comment, the Committee notes the Government’s information on measures taken for the progressive improvement of OSH in SMEs, in particular regarding informative and consultative activities. The Government indicates that such activities have increased knowledge of OSH good practice guidelines, as well as procedures leading to the optimization of working conditions and a safe working environment, without compromising the performance of work. These initiatives have helped SMEs both to cope with the obligations arising from their legal responsibilities and to take preventive measures. The Committee notes the Government’s information which addresses its previous request.

• National programme

Article 5(2)(d) of Convention No. 187. Targets and indicators for monitoring progress and the review of national programmes on OSH. The Committee notes the Government’s indication that, based on the National Policy, the National OSH Action Programme is prepared by the Government Council for the OSH with the participation of social partners and submitted to the Government for adoption every two years. Specific medium-term and short-term tasks are part of each National OSH Action Programme. The Committee also notes that the most recent Programme available online is for the period of 2019–20 and is divided into seven basic priorities: (i) ensuring the financing of the OSH system; (ii) prevention of occupational health risks; (iii) Occupational medical services; (iv) rehabilitation after work-related accidents and occupational diseases; (v) safety and health protection of children, pupils and students; (vi) research and development; and (vii) education, awareness and promotion. The Committee requests the Government to provide information on the National OSH action programmes adopted since the 2019–20 programme. It requests the Government to provide information on the results of the evaluation of the most recent Programme, including whether the targets have been met in accordance with the timelines set, the challenges and good practices identified, as well as how such results contribute to the formulation of the National OSH Action Programme for the next period.

Occupational Health Services Convention, 1985 (No. 161)

Article 5(h) of the Convention. Vocational rehabilitation. Following its previous comment, the Committee notes the Government’s indication regarding measures to create optimal conditions for the inclusion of persons with disabilities in the labour market, within the framework of the National Plan for the Promotion of Equal Opportunities for Persons with Disabilities 2021–25. It also notes the Government’s reference to section 80 of Act No. 435/2004 on employment regarding cooperation between occupational health services and employers in relation to the individual adaptation of workplaces for persons with disabilities. The Committee further notes that Decree No. 79/2013 Coll. was amended by Decree No. 452/2022 Coll. to delete provisions regarding counselling for vocational rehabilitation as a function of occupational health services from section 2(b) of that Decree. The Committee requests the Government to provide further information on any measures taken or envisaged in law and practice to ensure that occupational health services contribute to the vocational rehabilitation of workers.

Article 5(f). Surveillance of workers’ health. Following its previous comment, the Committee notes the Government’s indication that the Amendment to Act No. 373/2011 Coll. on specific health services (Act No. 202/2017) resulted in changes in relation to the provision of occupational health services, by simplifying procedures for issuing medical assessments, and reducing the administrative and economic burden for persons involved, including employees, jobseekers and employers, as well as health service providers. In addition, the Government indicates that allowing the provision of occupational health services by a provider other than the one contracted by the employer increases the supply of these services, while simplifying access to these services for the employers concerned. The Government further indicates that the new legislation enables employer to fulfil their legal obligation to ensure the provision of occupational health services to their employees. The Committee notes the Government’s information which addresses its previous request.

• Protection in specific branches of activity

Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. National policy on safety and health in mines. The Committee notes the Government’s indication that the State Mining Administration carries out a regular annual evaluation of the OSH situation in the mining sector and produces an annual report. It also notes that, as provided for by section 40(6)(a) of Act No. 61/1988 Coll. on mining activities, explosives and the State Mining Administration, the State Mining Administration develops an OSH policy in consultation with social partners. The Committee requests the Government to provide information on how section 40(6)(a) of Act No. 61/1988 Coll. is implemented in practice regarding the development of an OSH policy in mining sector in consultation with social partners.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 6(2) and 7. Appropriate levels for workers under the age of 18. Review of permissible doses in the light of current knowledge. The Committee previously noted that workers younger than 18 years were prohibited from working with sources of ionizing radiation, except for persons aged between 16 and 18 years of age for the sole purpose of vocational training (section 5(1)(e) and 5(4)(d) of Decree No. 180/2015). It noted in this respect that section 21(1) of Decree No. 307/2002 set the maximum permissible doses for apprentices and students aged between 16 and 18 as follows: an effective dose of 6 mSv in a year, the equivalent dose to the lens of the eye of 50 mSv in a year, and an equivalent dose for the skin area of 150 mSv in a year. The Committee requested the Government to provide information on measures taken to reduce the equivalent dose to the lens of the eye from 50 mSv per year to 20 mSv per year for workers aged between 16 and 18. In this respect, the Committee notes with interest that section 5(3) of Decree No. 422/2016 Coll. provides that, for pupils and students between 16 and 18 years of age who have to work with a source of ionising radiation during their studies, the dose limit for the lens of the eye has been reduced to an equivalent dose of 15 mSv. The Committee notes the Government’s information which addresses its previous request.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

In order to provide a comprehensive view of the issues relating to the application of the key occupational safety and health (OSH) Conventions ratified, the Committee considers it appropriate to examine Convention No. 155 and Convention No. 187 in a single comment.

The Committee notes the observations of the Czech–Moravian Confederation of Trade Unions (ČMKOS), communicated with the Government’s reports on Conventions Nos 187 and 155.

Action at the national level

National policy

Article 3 of Convention No. 187; Articles 4 and 7 of Convention No. 155. National policy and periodic review. Consultation of the social partners. The Committee notes the Government’s indication in reply to its previous request that the national OSH policy is prepared by the Ministry of Labour and Social Affairs (MoLSA) and that the Government Council for OSH prepares and approves proposals and recommendations for its implementation. The Committee requests the Government to provide further information on the arrangements made for the periodic review of the national policy, in consultation with the most representative organizations of employers and workers.

National programme

Article 5(2)(d) of Convention No. 187. Targets and indicators for monitoring progress and the review of national programmes on OSH. The Committee notes the information provided by the Government concerning the adoption by the Government Council for OSH of a biannual National Action Programme on OSH since 2013. The current National Action Programme for the 2015–16 period further develops the National Policy on OSH and the European Union OSH Strategic Framework 2014–20, and operationalizes the national system for OSH by setting out seven priorities that include specific actions, deadlines and accountability for performance. The Committee requests the Government to provide information on the measures taken to monitor and evaluate the implementation of the National Action Programme on OSH using a methodology based on targets and indicators of progress.

National system

Article 4(2)(a) of Convention No. 187. Laws and regulations. The Committee notes the Government’s indication in reply to its previous request that legislation has been adopted implementing the OSH Act (No. 309/2006 Coll.). It also notes that the ČMKOS observes that no OSH regulations have been adopted since the entry into force of the new Labour Code (Act No. 262/2006 Coll.). In this regard, the Government indicates that OSH legislation adopted under the old Labour Code (No. 65/1965 Coll.) is considered up to date and remains fully applicable. The Committee takes note of this information.

Article 9 of Convention No. 155. Appropriate system of inspection. Article 4(2)(c) of Convention No. 187. Mechanisms for ensuring compliance. The Committee notes the Government’s indication in reply to its previous request and the previous observation of the ČMKOS under Convention No. 155, that the annual programme of inspections prepared by the State Labour Inspection Office (SLIO) is supplemented by extraordinary inspections arising out of specific needs and the consideration of the occupational injury rate, and that the total number of industrial accidents decreased between 2011 and 2014. The Government further indicates that individual proposals and recommendations from the social partners are duly assessed and that inspection activities, including extraordinary inspections, may be based on these proposals and recommendations. With regard to enforcement, the Committee notes the information provided by the Government on the violations detected and penalties imposed in its report on the Labour Inspection Convention, 1947 (No. 81), and refers to its comment under that Convention and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

The Committee also notes the Government’s indication in reply to its previous request under Convention No. 187 that, in addition to the provision of information to public administration authorities relating to inspection activities, employees of regional labour inspectorates give lectures on OSH or employment relationships to trade unions, regional economic chambers and municipal authorities and cooperate in the development of training materials. The Committee takes note of this information.

Article 4(3)(e) of Convention No. 187. Research. Application in practice. The Committee notes the observation of the ČMKOS concerning the personnel shortage at the Research Institute for OSH and the Department responsible for OSH at the MoLSA between 2008 and 2013. The Government indicates that it took note of this issue. The Committee requests the Government to provide further comments on the observation of the ČMKOS.

Article 4(3)(g) of Convention No. 187. Collaboration with insurance and social security schemes covering occupational injuries and diseases. The Committee notes the Government’s indication that the creation and implementation of a functional system of accident insurance is one of the seven priorities of the National Action Programme on OSH 2015–16 and that there is tripartite cooperation for the development of legislation on this matter. The Committee requests the Government to provide further information on the progress made in this regard.

Article 4(3)(h) of Convention No. 187. Mechanisms for the progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and in the informal economy. The Committee notes the Government’s indication in reply to its previous request that, during the period from 2011 to 2014, labour inspection was particularly focused on enforcing the applicable legislation in SMEs and providing advisory services to these enterprises. The Committee requests the Government to provide further details on the activities of the labour inspectorate in this regard, including relevant extracts from labour inspection reports. It also requests the Government to provide information on any other measures taken for the progressive improvement of OSH in SMEs.

National preventive safety and health culture and the consideration given to principles set out in relevant ILO instruments

Article 3(3) of Convention No. 187. Development of a national preventive safety and health culture. The Committee notes the Government’s indication in reply to its previous request that the Research Institute for OSH and the SLIO publish and disseminate information on good practices and that the Research Institute’s website contains information on employers’ and workers’ rights and duties with regard to OSH. The Committee also notes that the MoLSA and SLIO “Safe Enterprise” programme contributes to the promotion of occupational risk prevention and the safety at work culture with the participation of workers and employers. The Committee notes this information.

Article 2(2) and (3) of Convention No. 187. Consideration given to the principles set out in relevant ILO instruments in the progressive development of the national system and measures to ratify relevant OSH Conventions. The Committee notes the Government’s indication that it is building on the general principles of Convention No. 187 and other international instruments for advancing OSH. Furthermore, the Government indicates that in 2014 it agreed with the social partners on a review process of non-ratified ILO Conventions with a view to their possible ratification. The Committee notes the Government’s indication that the review process initiated in January 2015 should include the Asbestos Convention, 1986 (No. 162), the Chemicals Convention, 1990 (No. 170), the Prevention of Major Industrial Accidents Convention, 1993 (No. 174), the Safety and Health in Agriculture Convention, 2001 (No. 184), and the Protocol of 2002 to the Occupational Safety and Health Convention, 1981. The Committee requests the Government to continue providing information on the review process.

Article 14 of Convention No. 155. Inclusion of OSH issues at all educational levels. Application in practice. The Committee notes that the ČMKOS observes that the Methodological Guidelines of the Ministry of Education, Youth and Sports to ensure safety and health of children and students in schools (No. 37 014/2005-25) are outdated and that no decree has been issued in application of section 29(2) of the Education Act (No. 561/2004 Coll.). The Government replies that the legislation and the Methodological Guidelines have so far been considered adequate to serve this purpose. In relation to Article 14 of the Convention, the Committee notes that the Guidelines appear to contain useful instructions concerning the education of pupils and students about the use of protective equipment, first aid and the principles of safe behaviour in light of potential risks.

Action at the level of the undertaking

Article 3(2) of Convention No. 187. Promotion and advancement at all relevant levels of the right of workers to a safe and healthy working environment. In its previous comment, the Committee noted the reference to the workers’ rights set out in section 106 of the new Labour Code. It notes the Government’s reply to its previous request concerning the action taken in practice to promote and advance the right of workers to a safe and healthy environment at all levels.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 5 of the Convention. Restricting exposure to ionizing radiation. In its previous comment, the Committee requested information on measures taken to restrict the exposure of workers to ionizing radiation to the lowest practicable level, and that any unnecessary exposure is to be avoided. The Committee notes the indication of the Government, in its report, that the whole system of radiation protection introduced by the Act No. 18/1997 Coll., the Atomic Act, and implementing regulations has the objective to limit radiation or prevent persons’ unnecessary exposure to ionizing radiation. The Committee notes in this respect section 4 of Act No. 18/1997 Coll. and chapter IV of the Decree of the State Nuclear Safety Office No. 307/2002 Coll., which give effect to this provision.

Articles 6(2) and 7. Appropriate levels for workers under the age of 18. Review of permissible doses in the light of current knowledge. In its previous comment, the Committee requested additional information on measures taken to ensure that workers under the age of 16 are not engaged in work involving ionizing radiation. In this regard, the Committee notes with interest that section 5(1)(e) of Decree No. 180/2015 concerning prohibited works and workplaces, which came into effect on 1 September 2015, explicitly prohibits workers younger than 18 years from working with sources of ionizing radiation. The Committee further notes that section 5(4)(d) of this Decree provides an exception for persons aged between 16 and 18 years of age for the sole purpose of vocational training, and that section 21(1) of Decree No. 307/2002 sets the maximum permissible doses for apprentices and students aged between 16 and 18, that is an effective dose of 6 mSv in a year, the equivalent dose to the lens of the eye of 50 mSv in a year, and an equivalent dose for the skin area of 150 mSv in a year. Recalling that under Article 6(2) of the Convention, maximum permissible doses shall be kept under constant review in the light of current knowledge, and referring to paragraphs 13 and 34 of its 2015 general observation, the Committee draws the Government’s attention to the most recent standards in this respect, which provide that the dose limit for apprentices and students aged between 16 and 18 is, as regards the lens of the eye, an equivalent dose of 20 mSv in a year. The other dose limits for this category of persons are not changed. The Committee requests the Government to provide information on measures taken to reduce the equivalent dose to the lens of the eye from 50 mSv per year to 20 mSv per year for workers aged between 16 and 18, in light of its 2015 general observation.

Article 8. Dose limits for workers not directly engaged in radiation work. With reference to its previous comment concerning dose limits set out in section 23(1) of Decree No. 307/2002, the Committee takes note of the explanation of the Government that this provision concerns persons who are willingly exposed to radiation beyond the frame of their obligations and within the framework of medical exposure.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Czech-Moravian Confederation of Trade Unions (ČMKOS), communicated with the Government’s report.

Article 5(g) and (h) of the Convention. Adaptation of work to the worker. Vocational rehabilitation. With reference to its previous request concerning the measures adopted to give effect to these provisions, the Committee notes that, pursuant to section 57(d), (e) and (f) of Act No. 373/2011 Coll. on specific health services, occupational health service providers contribute to the adoption of measures for the adaptation of work to the workers. However, the Committee notes that the Government does not provide any information on the measures taken or envisaged in law and practice to ensure that occupational health services contribute to vocational rehabilitation. The Committee requests the Government to provide information in this regard.

Article 5(a) and (f). Identification and assessment of the risks and surveillance of workers’ health. The Committee notes the observations of ČMKOS concerning: (a) the non-application in practice of the Convention regarding the regular identification and assessment of the risks from health hazards in the workplace, including the non-implementation of Annex 1 of Decree No. 79/2013 Coll. on the implementation of certain provisions of Act No. 373/2011 Coll. on specific health services, regarding minimum time requirements for securing the control; and (b) the incompatibility between the conclusions of workers’ health assessments conducted by a specialist, pursuant to Act No. 373/2011 Coll., and the requirements of Act No. 262/2006 Coll., the Labour Code, as amended, regarding the reasons for terminating an employment contract. The Committee notes that, pursuant to section 57(c), (e), (f) and (g) of Act No. 373/2011 Coll. on specific health services, occupational health service providers are under the obligation to conduct regular assessments of working conditions at the workplace. The Committee also notes the Government’s indication that public health authorities continue to focus on securing the provision of occupational health services. The Government indicates that in 2014, a total of 11,134 inspections were conducted in this respect and found 1.3 per cent of employers fully non-compliant, compared to 2 per cent in 2010. Concerning medical check-ups, the Government indicates that the minimum time requirement for the provision of occupational health services include not only the actual medical care, but also the related administrative tasks. Furthermore, the Committee notes the Government’s indication that the incompatibility between certain provisions of Act No. 373/2011 Coll. on specific health services and Act No. 262/2006 Coll., the Labour Code, as amended, should be addressed by the amendment to Act No. 373/2011 Coll. prepared in cooperation between the Ministry of Health and the Ministry of Labour and Social Affairs. The Committee requests the Government to continue providing information on the measures taken or envisaged to address this issue, and to provide a copy of the amendment to Act No. 373/2011 Coll. once it is adopted.

Article 10 of the Convention. Professional independence. The Committee notes the indications provided by the Government in reply to the observations of ČMKOS concerning the independence of health service providers. The Committee notes in this regard that, pursuant to section 58a(a) and (b) of Act No. 373/2011 Coll. on specific health services, the employer authorized to provide occupational medical services at the workplace has the obligation to ensure the professional independence of a medical doctor with specialized qualifications in occupational health or a general practitioner, as well as other care professionals involved in the provision of occupational medical services under an employment relationship. The Committee takes note of this information.

Article 11 of the Convention. Qualifications of the personnel providing occupational health services. The Committee notes the indications provided by the Government in reply to its previous request concerning the qualifications of the personnel providing health services, namely specialized qualifications in occupational medicine or in the field of general practice, pursuant to sections 54(1)(a) and (b) and 58a of Act No. 373/2011 Coll. on specific health services. The Government indicates that occupational health services have traditionally been provided by general practitioners, as their programme of studies requires theoretical knowledge and practical skills, including in the area of occupational safety and health, such as the evaluation of the capacity to work, of occupational risks and diseases, and of the impact of working conditions on workers’ health. The Committee takes note of this information.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5(g) and (h). Adaptation of work and vocational rehabilitation. The Committee notes that the Government has not provided a specific response to the comments previously raised by the Committee under this Article. The Committee therefore reiterates its request that the Government indicate the measures taken or envisaged, in law and in practice, to ensure that occupational health services promote the adaptation of work to the worker, in accordance with Article 5(g); and contribute to measures of vocational rehabilitation, outside of the measures taken regarding handicapped persons, in accordance with Article 5(h).

Application in practice. The Committee notes the information provided by the Government indicating that public health protection authorities continuously carry out supervision of occupational preventive health care and that occupational health care services have improved and the relevant trend remains positive. The Government indicates that according to supervisory findings in 2009, full occupational preventive health-care services were provided for 65 per cent of employers, while a total lack of occupational preventive health care was only recorded for 2 per cent of employers, compared to 2.5 per cent in 2008. The Committee notes the information that improvements in occupational health care services have also been supported by the creation of numerous private health care facilities providing occupational health care within an extent corresponding to the Convention. The Committee asks the Government to continue to provide information on the application of the Convention in practice.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 10 of the Convention. Professional independence. The Committee notes the response provided by the Government which indicates that providers of occupational health care are independent from employers and that currently the care provided is almost entirely based on a contractual relationship between the employer and the occupational health-care provider. The Committee notes the comments by the Czech-Moravian Confederation of Trade Unions (CMKOS), included in the Government’s report, which state that there are health-care institutions which still use their own employees (doctors) for occupational health purposes and their independence is thus compromised. The Committee notes the Government’s response thereto, which indicates that the comments by CMKOS were discussed at the tripartite Working Group for the Cooperation with the ILO of the Council of Economic and Social Agreement on 18 October 2010, and it was agreed that a special sitting of the Working Group (with the expert participation from the side of the Government, as well as of the social partners) will be dedicated, in the near future, to the issue of occupational health services, as well as the White Lead (Painting) Convention, 1921 (No. 13). The Committee asks the Government to continue to provide information on the measures taken or envisaged to ensure that the personnel providing occupational health services enjoy full professional independence from employers, workers, and their representatives, where they exist, in relation to the functions listed in Article 5, with reference to the comments by CMKOS; and to provide further information on the outcome of the abovementioned tripartite working group.

Article 11. Qualifications required for personnel providing occupational health services. The Committee notes the response provided by the Government, which indicates that, in addition to occupational health-care specialists, occupational health-care services are also provided by general practitioners. The Government indicates that the Institute of Healthcare Post-Graduate Education organizes training for general practitioners targeted at occupational health-care issues through courses covering 150 hours of lectures. The course is concluded by examinations and tests, after the passing of which the graduate receives a certificate. CMKOS admits that although new legislation has introduced specific provisions for education of medical doctors and nurses specializing in occupational health, these services are, in practice, usually carried out by general practitioners, and that the reform of the national health legislation has not been realized yet. The Committee notes the response above by the Government to the comments by CMKOS. The Committee asks the Government to continue to provide information on the qualifications required for the personnel providing occupational health services, with reference to the comments by CMKOS; and to indicate whether general practitioners, who undertake a role in occupational health care, do not do so until they are certified in such duties.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided in the Government’s latest report, including references to the availability of legislation online, and recent amendments to legislation concerning the application of the Convention, including the adoption of Act No. 309/2006 Coll., on further requirements for health and safety at work in labour relations and concerning occupational health and safety protection in activities or services provided outside labour relations, and later amended by Acts Nos 362/2007 Coll., 189/2008 Coll. and 223/2009 Coll.; the repeal, and replacement of Act No. 65/1965 Coll., Labour Code, by Act No. 262/2006 Coll., Labour Code, which came into effect on 1 January 2007; the amending of Act No. 251/2005 Coll., on labour inspection by Act No. 264/2006 Coll., and the amending of Act No. 174/1968 Coll., on state supervision of occupational safety, by Acts Nos 189/2008 Coll. and 223/2009 Coll. The Committee further notes the response by the Government regarding the application of occupational safety and health provisions in the Labour Code to home workers in accordance with Article 2 of the Convention. The Committee asks the Government to continue to provide information on relevant measures undertaken with regard to the Convention.

Articles 4 and 7 of the Convention. National policy and reviews at appropriate intervals. The Committee notes the response provided by the Government, which indicates that, in 2008, the National Occupational Safety and Health (OSH) Policy was reviewed in accordance with the adopted Community Strategy on Health and Safety at Work for the period 2007–12. The National Action Programme for Occupational Safety and Health for the period 2009–10 is based on the priorities and targets of the National Occupational Safety and Health Policy. The targets of the National Action Programme for Occupational Safety and Health include, inter alia, more efficient implementation, exercise and enforcement of legal regulations through inspection bodies; focus on new employment trends; and an increase in the efficiency of OSH prevention activities. This programme is subject to evaluation, and a new programme for the period 2011–12 is under preparation. The Committee asks the Government to continue to provide information on the development of national policies and programmes on occupational safety, occupational health and the working environment and to indicate how the situation regarding occupational safety and health and the working environment is reviewed at appropriate intervals, either overall or, in respect of particular areas, with a view to identifying major problems.

Part V of the report form and Article 9. Application of the Convention in practice and labour inspection. The Committee welcomes the detailed information provided by the Government, which indicates that there were 50,173 cases of incapacity caused by work accidents in 2009, of which 14,188 occurred to women. In comparison to the preceding year, the number of work accidents resulting in incapacity has substantially decreased (by 21,108 cases or 29.6 per cent). In 2009, statistical records registered 105 fatal work accidents, 69 less than in 2008. In 2009, 1,107 employees reported 1,313 occupational health problems, of which 1,245 were occupational diseases and 68 were threats of occupational diseases. Some 739 occupational diseases affected men and 574 to women. Most occupational diseases were caused by physical factors, most frequently peripheral nerve disorders caused by limb overburdening (166 cases); and the majority occurred in the health-care sector (169 cases). The Government indicates its intention to submit further information under its reports on the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), which the Czech Republic intends to ratify shortly. The Committee notes the comments by the Czech-Moravian Confederation of Trade Unions, included in the Government’s report, which indicate that the Government’s report focuses on legislative changes and lacks detailed analysis of measures aimed at the practical implementation of the Convention, and that information gained through labour inspections suggests that more has to be done, particularly by the Government, in the area of inspection and enforcement. The Committee asks the Government to continue to provide information on the application of the Convention in practice, with reference to the comments by the Czech-Moravian Confederation of Trade Unions on inspection and enforcement; and to provide information on measures taken or envisaged to address the high number of cases of occupational diseases occurring in the health-care sector.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Further to its observation, the Committee notes the information provided in the Government’s latest report, including references to the availability of legislation online, and recent amendments to legislation concerning the application of the Convention, including the repeal, and replacing of Act No. 65/1965 Coll., Labour Code, by Act No. 262/2006 Coll., Labour Code, which came into effect on 1 January 2007; the amending of Act No. 258/2005 Coll., on public health protection, by Act No. 392/2005 Coll.; the repeal, and replacing of Government Regulation No. 178/2001 Coll., by the Government Regulation No. 361/2007 Coll., stipulating conditions of occupational health protection; and the adoption of a new Government Regulation No. 31/2010 Coll., on specialized education branches and professional specifications for health workers with special qualifications and Decree No. 185/2009 Coll., on specialization areas in the education of physicians, dentists, and pharmacists, and on the study areas of certified courses. The Committee further notes the information provided on the measures taken to ensure occupational health services fulfil their functions according to the requirements under Article 5 of the Convention. The Committee asks the Government to continue to provide information on relevant measures undertaken with regard to the Convention.

Article 5(g) and (h). Adaptation of work and vocational rehabilitation. The Committee notes that the Government has not provided a specific response to the comments previously raised by the Committee under this Article. The Committee therefore reiterates its request that the Government indicate the measures taken or envisaged, in law and in practice, to ensure that occupational health services promote the adaptation of work to the worker, in accordance with Article 5(g); and contribute to measures of vocational rehabilitation, outside of the measures taken regarding handicapped persons, in accordance with Article 5(h).

Part VI of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government indicating that public health protection authorities continuously carry out supervision of occupational preventive health-care and that occupational health-care services have improved and the relevant trend remains positive. The Government indicates that according to supervisory findings in 2009, full occupational preventive health care services were provided for 65 per cent of employers, while a total lack of occupational preventive health-care was only recorded for 2 per cent of employers, compared to 2.5 per cent in 2008. The Committee notes the information that improvements in occupational health-care services have also been supported by the creation of numerous private health-care facilities providing occupational health-care within an extent corresponding to the Convention. The Committee asks the Government to continue to provide information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Further to its observation, the Committee notes the information provided by the Government in its latest report, including references to the availability of legislation online, and recent amendments to legislation concerning the application of the Convention, including, inter alia, the amendments to the following: Decree of the Czech Mining Office No. 447/2001 Coll., on mining rescue services, by Decree No. 87/2006 Coll.; Decree of the Czech Mining Office No. 298/2005 Coll., on requirements for professional qualifications and professional competence in the performance of mining activities or activities performed underground and on amendments to some acts, by Decree No. 240/2006 Coll.; Decree of the Czech Mining Office No. 35/1998 Coll., on the requirements for health and safety at work and the safe operation of railways in brown coalmines, by Decree No. 485/2006 Coll.; and Decree of the Czech Mining Office No. 415/2003 Coll., laying down the conditions for ensuring health and safety at work and safe operations for vertical haulage and climbing, by Decree No. 571/2006 Coll. The Government also indicates the adoption of the Decree of the Czech Mining Office No. 49/2008 Coll., on requirements for ensuring the safety of underground constructions. The Committee notes the information provided which appears to give further effect to Articles 1, 3, 4(2) and 5(2)(d) of the Convention. The Committee asks the Government to continue to provide information on the relevant measures undertaken with regard to the Convention.

The Committee notes the references to provisions in national legislation, provided by the Government in response to the Committee’s previous comments on the application of the Convention. The Committee asks the Government to provide detailed information in its next report on how these provisions give effect to the following Articles of the Convention.

Article 5(2)(c) of the Convention. Reporting of dangerous occurrences and mine disasters. The Committee notes the reference by the Government to section 21(2) of Decree No. 22/1989 Coll., section 19 of Decree No. 26/1989 Coll. and section 18 of Decree No. 239/1998 Coll.

Article 5(4)(d). Requirements for the safe storage and transportation of hazardous substances used in the mining process and disposal of waste produced at the mine. The Committee notes the reference by the Government to Decree No. 99/1995 Coll., section 159 of Decree No. 26/1989 Coll., section 308 of Decree No. 22/1989 Coll., sections 30–33 of Decree No. 72/1988 Coll., sections 22, 25(g), 26, 29 and 30–34 of Act No. 61/1988 Coll., Decree No. 338/1997 Coll., Decree No. 428/2009 Coll., Decree No. 429/2009 Coll. and Act No. 157/2009 Coll., and section 20 and Part IV of Act No. 106/2005 Coll.

Article 5(5). Preparation of appropriate plans in the event of any significant modification of operations and updating of plans of workings. The Committee notes the reference by the Government to section 41(2)(b) of Act No. 61/1988 Coll., section 32 of Act No. 44/1988 Coll., section 4 of Decree No. 172/1992 Coll., and sections 7–8 of Decree No. 104/1988 Coll.

Article 7(a). Safe design and construction of mines and provision of electrical, mechanical and other equipment. The Committee notes the reference by the Government to sections 6–8 of Decree No. 22/1989 Coll., sections 6–7 of Decree No. 26/1989 Coll., sections 8–8a of Act No. 61/1988 Coll. and section 23 of Act No. 44/1988 Coll.

Article 7(b). Safe commissioning, maintenance and decommissioning of mines. The Committee notes the reference by the Government to Decree No. 52/1997 Coll. and section 32 of Act No. 44/1988 Coll.

Article 7(c). Maintenance of stability of the ground. The Committee notes the reference by the Government to sections 4, 5, 7, 29–39, 43–47, 53–56 of Decree No. 26/1989 Coll.

Article 7(g). Operating plans in respect of zones susceptible to particular hazards. The Committee notes the reference by the Government to sections 14, 21, 37, 43, 51, 59 and 195 of Decree No. 22/1989 Coll., Decree No. 55/1996 Coll., Decree No. 99/1995 Coll., Decree No. 659/2004 Coll., section 23(2)(e) of Act No. 44/1988 Coll. and Decree No. 8/1987 Coll. replaced and repealed by Decree No. 266/1994 Coll.

Article 12. Responsibilities of the employer in charge of the mine, when two or more employers undertake activities at the same mine. The Committee notes the reference by the Government to section 101(3) of Act No. 262/2006 Coll., section 103(1)(g) of Act No. 262/2006 Coll. and section 105(1) of Act No. 262/2006 Coll.

Article 13(1)(a). Right of workers to report accidents, dangerous occurrences and hazards to the competent authority. The Committee notes the reference by the Government to section 106(4)(f) of Act No. 262/2006 Coll. and section 3b(1)(b) of Act No. 61/1988 Coll.

First aid for underground injuries and the maintenance of mining rescue services. The Committee notes the reference by the Government to sections 4(1), 5, 6(1)(i) and (j), and 7(1)(e) of Decree No. 447/2001 Coll.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government has referred to the online availability of the annual reports on mining safety for the period 2006–09. The Committee asks the Government to continue to provide information on the application of the Convention in practice, and to provide, in one of the working languages of the ILO, and where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s first report on the application of the present Convention and the availability of relevant laws and regulations on line as well as other documents. The Committee also notes the information provided in the context of the Government’s reporting on other Conventions on occupational safety and health it has ratified, including in particular, the Occupational Safety and Health Convention, 1981 (No. 155).

Articles 2(1) of the Convention. Continuous improvement of occupational safety and health; 3(1): National Policy; 4(1): National system; 5(1): National programme; 5(2)(c): Analysis of the situation in the country; and 5(2)(d): Targets and indicators of progress. The Committee notes the information available regarding the occupational safety and health (OSH) system in the country, and welcomes the information regarding the formulation and implementation of a national OSH policy and programmes, the establishment of a national system and the regular consultations held with the social partners in these contexts in, inter alia, the Government Council for Occupational Safety and Health Protection. Based on the information provided, the systems approach, which is the focal point of the Convention, appears to be well applied in the country. The Committee notes, however, the limited information provided regarding the evaluation of past performance and the methodology used for the periodical review of the national policy, for the maintenance and progressive development and periodical review of the national system and the monitoring, evaluating and periodical reviewing of the national programme to ensure that such an evaluation informs and contributes to generating the continued and progressive improvement of occupational safety and health in the country as prescribed, inter alia, in Article 2(1). The Committee would particularly appreciate detailed information regarding targets and indicators of progress used in the country. The Committee requests the Government to provide further information on the practical application of the referenced provisions and on targets and indicators of progress, and requests the Government to keep the Committee informed of any changes in the national policy and programme and make copies available to the Committee thereof.

Article 2(2) and (3). Taking into account principles in relevant ILO instruments in the progressive development of the national system. The Committee notes the information provided that the provisions of ILO instruments and other documents are usually taken into account during the preparation of legislation and political programs. The Committee also notes that the Czech Republic has already ratified eight of the ILO OSH Conventions including the Occupational Safety and Health Convention, 1981 (No. 155). The Committee notes that no further details are provided regarding measures taken to ratify other relevant ILO Conventions. Recalling the Governing Body plan of action to achieve widespread ratification and effective implementation of key instruments in this area, the Committee requests the Government to provide further details regarding the application of Article 2(2) and (3) of the Convention including, in particular, with respect to the 2002 Protocol to Convention No. 155.

Article 3(2). Action taken to promote and advance workers’ rights to a safe and healthy working environment. The Committee notes with interest the legal expression “workers’ rights” in relation to safety and health as found in section 106 of the Labour Code (Act No. 262/2006 Coll.) which came into effect on 1 January 2007. The Committee requests the Government to provide further information on the practical implementation of national legislation giving effect to Article 3(2) at the national, regional and enterprise or other levels.

Article 3(3). Developing a national preventative safety and health culture that includes information and training. The Committee notes the emphasis placed in the national policy, and otherwise, to questions related to information and training. The Committee also notes the information provided that the promotion and dissemination of information on good practice has been identified as an area that requires improvement. The Committee requests the Government to provide further information on measures taken to improve the dissemination of information on good practice.

Article 4(2)(a). Laws and regulations. The Committee notes that Act No. 309/2006 Coll., to ensure further occupational safety and health protection conditions, as amended, includes numerous provisions calling for implementing legislation. The Committee requests the Government to provide further information on the development of relevant legislation including on implementing legislation to Act No. 309/2006 Coll. and to make available relevant legislation once it has been adopted.

Article 4(2)(c). Mechanisms for ensuring compliance. The Committee notes the information provided regarding the different enforcement mechanisms in the country including the information available regarding activities of the trade unions in relation to inspection. The Committee requests the Government to provide further information on how it ensures that the different enforcement mechanisms cooperate in fulfilling their tasks to ensure compliance with the national provisions giving effect to the Convention.

Article 4(3)(g). Collaboration with insurance and social security schemes covering occupational injuries and diseases. The Committee notes that the report is silent in this respect. The Committee requests the Government to provide further information on how this provision is applied in the country.

Article 4(3)(h). Support mechanisms for OSH in small and medium-sized enterprises. The Committee notes the information that one of the medium-term priorities of the national programme for 2009–16 includes the implementation of a risk prevention culture in small and medium-sized enterprises. The Committee requests the Government to provide further information on the practical implementation of this priority and the results obtained in this respect.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information in the Government’s latest report, including references to the availability of legislation online. The Committee also notes the inclusion of observations made by the Confederation of Industry and Transport on the importance of occupational safety and health (OSH) policy in the sector of radiation protection, despite the high costs, and that surveillance of workers in this area is undertaken by the Czech authorities, and also the strong pressure of both the Czech Republic and the international community. The Committee further notes the responses by the Government to its previous comments, which appear to show effect given to Articles 1 and 12 of the Convention. The Committee asks the Government to continue to provide information on the relevant measures undertaken with regard to the Convention.

Article 5 of the Convention. Exposure to ionizing radiation. The Committee notes the response provided by the Government indicating that the principle of optimization and other basic principles of radiation protection are enshrined in Act No. 18/1997 Coll., the Atomic Act, as amended. The Government indicates that limiting the exposure of workers to the lowest level possible is done using the system of quality assurance, and that such a system requires each workplace involved in disposing ionizing radiation to submit the so-called evidence of optimization as well as a quality assurance programme according to section 13(5) of the Atomic Act, which forms a part of the approval documentation for a permit to dispose of ionizing radiation. Section 17(3) of Decree No. 307/2002 Coll., as amended, takes into account the economic and social factors to assess the benefits of measures for introducing graded radiation activities, medical radiation, natural and accidental exposure. The Committee notes that the Government has not referred to any efforts made to restrict the exposure of workers to ionizing radiation to the lowest practicable level, and that any unnecessary exposure is to be avoided. The Committee reiterates its request that the Government indicate the measures taken or envisaged to apply Article 5 of the Convention, in law and in practice.

Article 7. Prohibition against engaging workers under the age of 16 in work involving ionizing radiation. The Committee notes the information provided by the Government indicating that section 21 of Decree No. 307/2002 sets limits for apprentices and students (16–18 years of age), but that the Government does not specify the provisions which ensure that workers under the age of 16 are not engaged in work involving ionizing radiation. The Committee asks the Government to specify the exposure limits set for apprentices and students
(16–18 years of age); and to indicate the measures taken or envisaged to ensure that no worker under the age of 16 shall be engaged in work involving ionizing radiation.

Article 8, in accordance with Article 6. Levels to be set for workers who are not directly engaged in radiation work. The Committee notes the information provided by the Government which indicates that section 23 of Decree No. 307/2002 limits the exposure of individuals in special cases, including exposure of individuals who care for patients exposed to medical radiation beyond their duties or who live in the same household (persons older than 18 years), and that the limit for such exposure is 5 mSv per calendar year and 1 mSv per calendar year for other persons. The Committee, referring to paragraph 35(a)(ii) of its 1992 general observation on the Convention which specifies that external and internal exposures of workers not directly engaged in radiation work, as well as of members of the general public, are to remain below 1 mSv a year, asks the Government to keep the Office informed of any measures taken to bring national laws into line with these requirements.

Part V of the report form. Application of the Convention in practice. The Committee notes the response provided by the Government indicating that the reduction of risk of accidental exposure of workers to a dose exceeding the maximum permissible limit (occurring in only extremely rare incidents) is dealt with in the document “On-site Emergency Plan” that is part of the approval documentation for permission to use ionizing radiation sources (in the annex to the Atomic Act), and that the focus of inspectors of the State Office for Nuclear Safety is also to prevent such situations. The Committee notes the detailed information provided by the Government in its report regarding the application of the Convention, including on inspection activities in the area of radiation protection. The Government indicates that a total of 1,078 inspections were carried out in the area of radiation protection in 2009, of which 33 were identified as grade 3 (meaning an inspection in which deficiencies were detected preventing a safe manner in the carrying out of activities leading to exposure). The Committee also notes the information that 22,500 workers were monitored by dosimetric services in 2009. The Government indicates that the issuing of personal radiation cards has helped ensure an accurate and a complete assessment of doses for workers entering the controlled area. The Committee notes the information that, based on an analysis of the findings from investigations of higher doses, the critical group of workers with high occupational exposure (apart from uranium miners) are doctors conducting medical intervention radiology procedures. The Government also indicates that since 2002, radiation exposure of workers has been monitored in workplaces where there may be a significant increase in radiation from natural sources, and that the most important professional groups, whose doses are regularly evaluated, are airline staff and tour guides in caves open to the public. The Committee asks the Government to continue to provide information on the application of the Convention in practice.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 10 of the Convention. Professional independence. The Committee notes the response provided by the Government which indicates that providers of occupational health care are independent from employers and that currently the care provided is almost entirely based on a contractual relationship between the employer and the occupational health-care provider. The Committee notes the comments by the Czech-Moravian Confederation of Trade Unions (CMKOS), included in the Government’s report, which state that there are health-care institutions which still use their own employees (doctors) for occupational health purposes and their independence is thus compromised. The Committee notes the Government’s response thereto, which indicates that the comments by CMKOS were discussed at the tripartite Working Group for the Cooperation with the ILO of the Council of Economic and Social Agreement on 18 October 2010, and it was agreed that a special sitting of the Working Group (with the expert participation from the side of the Government, as well as of the social partners) will be dedicated, in the near future, to the issue of occupational health services, as well as the White Lead (Painting) Convention, 1921 (No. 13). The Committee asks the Government to continue to provide information on the measures taken or envisaged to ensure that the personnel providing occupational health services enjoy full professional independence from employers, workers, and their representatives, where they exist, in relation to the functions listed in Article 5, with reference to the comments by CMKOS; and to provide further information on the outcome of the abovementioned tripartite working group.

Article 11. Qualifications required for personnel providing occupational health services. The Committee notes the response provided by the Government, which indicates that, in addition to occupational health-care specialists, occupational health-care services are also provided by general practitioners. The Government indicates that the Institute of Health Care Post-Graduate Education organizes training for general practitioners targeted at occupational health-care issues through courses covering 150 hours of lectures. The course is concluded by examinations and tests, after the passing of which the graduate receives a certificate. CMKOS admits that although new legislation has introduced specific provisions for education of medical doctors and nurses specializing in occupational health, these services are, in practice, usually carried out by general practitioners, and that the reform of the national health legislation has not been realized yet. The Committee notes the response above by the Government to the comments by CMKOS. The Committee asks the Government to continue to provide information on the qualifications required for the personnel providing occupational health services, with reference to the comments by CMKOS; and to indicate whether general practitioners, who undertake a role in occupational health care, do not do so until they are certified in such duties.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information contained in the Government’s latest report, including the comments by the Czech–Moravian Confederation of Trade Unions (CMKOS), which indicate that mining trade unions pay maximum attention to the unfavourable situation concerning fatal accidents, and adopt measures realized by union occupational safety and health inspectors. The CMKOS also states that pursuant to Memorandums of Understanding between mining trade unions, the State Labour Inspection Office and the Czech Mining Office, the situation is jointly appraised on a regular basis and agreed conclusions are immediately realized. The Committee also notes that the Government has referred to online versions of the annual reports on mining safety for the period 2006–09. The Committee asks the Government to continue to provide information on the measures taken and envisaged to improve safety and health standards in mines, particularly coalmines.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the detailed information contained in the Government’s comprehensive report and the attached translations of relevant legislation. The Committee also notes that observations received from the Czech-Moravian Confederation of Trade Unions (CMKOS) have been incorporated into the Government’s report. The Committee notes that the information provided indicates that effect is given to Articles 5, paragraphs (a) and (e), 11, paragraph (b), 12, paragraph (a), and 13.

2. Article 2 of the Convention. Scope of application. The Committee notes with interest the Government’s statement that in accordance with section 267 of the Labour Code the occupational safety and health provisions in the Labour Code are also applicable to homeworkers. The Committee requests the Government to provide additional information on how in practice it is ensured that the occupational safety and health provisions provided for in the Labour Code are applied to homeworkers.

3. Articles 4, 7, 8 and 15. National policy, its review and effect given thereto, and consultations on occupational safety and health issues. The Committee notes that, in further implementation of the Action Plan of Health and the Environment of 1998, the Government adopted, by resolution No. 1046 of 30 October 2002, a long-term programme for improvement of the health status of the Czech Republic’s publication, Health for Everyone in the 21st Century, including commitments to achieve specific targets. These commitments include Commitment 9.2 – Reduce deaths and serious accident numbers in the workplace by at least 50 per cent; and Commitment 13.6 – Oblige at least 10 per cent of medium-sized and large companies to observe health company/enterprise principles. The Committee also notes that in connection with this programme, a national occupational safety and health policy was approved by Government resolution No. 475 of 19 May 2003, that a national occupational safety and health action programme was approved for its implementation by Government resolution No. 1130 of 12 November 2003, and that this action programme was further specified in the National Occupational Safety and Health Action Programme for 2004-06, approved by Government resolution No. 767 of 17 August 2004. The Committee also notes the information that the Government Council for Occupational Safety and Health is an independent body which has no formal connection with the Council of Economic and Social Agreement and that its functions specifically include carrying out a continuous evaluation of the performance to the National Occupational Safety and Health Action Programme for the period of 2004-06. The Committee also notes that as of 1 July 2005 the Occupational Safety and Health Inspectorate is the competent authority responsible pursuant to Article 11 of the Convention. Noting this information with interest, the Committee requests the Government to continue to provide information on further action taken in this respect and on the outcome of the mentioned action programmes and action plans, including, if available, reports from the Council of Economic and Social Agreement.

4. Part V of the report form and Article 9. Labour inspection. The Committee notes with interest the detailed information provided regarding the regional hygiene stations, company preventive care institutions, the State Labour Inspection Office and the regional labour inspection offices in sections 82(2) and 84(1) of Act No. 258/2000 as amended, section 35(a) of Act No. 20/1966 as amended, and section 3 of the newly adopted Act No. 251/2005 on labour inspection. The Committee also notes that this latter Act also establishes the National Labour Inspection Office (NLI) and the Regional Labour Inspectorates (RLI), replacing the Occupational Safety Office (COSO) and the Occupational Safety Inspectorate (OSI). It also notes with interest the detailed information contained in the audit report of 2005 of labour inspections, which were attached to the Government’s report, concerning the focused attention given, inter alia, to the construction industry including the protection of employees against falls from a height (which reduced from 19 cases in 2004 to 14 in 2005). The Committee also notes that the accident rate decreased by 11.4 per cent in 2005 compared to 2004, and that the most frequent violation of the Labour Code concerned employers’ general obligations, and particularly in taking measures to prevent risks, providing personal protective equipment and posting of safety notices and signs. The Committee asks the Government to continue to provide detailed information on labour inspections and also to provide statistical information on the rates of accidents and diseases, disaggregated by gender, if available.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Further to its observation, the Committee notes the Government’s comprehensive report, including reference to a series of legislative changes which respond to several issues previously raised by the Committee. Taking this and the new legislation into account, the Committee requests the Government to provide additional information on the following points.

2. Article 4, paragraph 1. Review of national policy and tripartite consultations. The Committee notes the provisions concerning the development of a national policy on occupational safety and health (OSH), which provide for a regular evaluation of existing regulations and the adoption of amendments and the information on monthly consultations held within the Council of Economic and Social Agreement - a voluntary tripartite body called upon to discuss selected issues of common interest with a view to arriving at consensual solutions in the interest of maintaining social peace - and the establishment of a specialized committee to deal with OSH. The Committee requests the Government to provide further information on the modalities and periodicity of the process of reviewing the national policy on OSH including the outcome thereof as well as further information on the activities in practice of the Council of Economic and Social Agreement including on those of the special OSH committee.

3. Articles 5, paragraph (a) and 11, paragraph (b). Design, testing, choice, substitution, installation, arrangement, use and maintenance of work processes. Please specify the provisions of national laws and regulations that indicate the extent to which the policy on OSH covers the design, testing, choice, substitution, installation, arrangement, use and maintenance of work processes (Article 5, paragraph (a)). Please also specify the extent to which the competent authority or authorities ensure that the function of the determination of work processes, the exposure to which is to be prohibited, limited or made subject to authorization or control, is progressively carried out (Article 11, paragraph (b)).

4. Article 5, paragraph (e) and Article 13. Right to removal. The Committee notes that section 35, paragraph 2, of the Labour Code entitles workers to refuse to perform work that they reasonably consider as posing a threat to their safety and health without it being regarded by the employer as non-performance of their obligations. The Committee requests the Government to provide further information on whether this provision in law and in practice protects employees from disciplinary measures as a result of a withdrawal from a dangerous workplace as required by the Convention.

5. Article 5, paragraph (b). Adaptation of machinery, equipment or organization of work. The Committee notes that the report is silent regarding the question raised in its previous comments concerning existing provisions calling for an adaptation of machinery, equipment, or the organization of work and work processes to the physical and mental capacities of the workers. The Committee requests the Government to provide information on measures taken in law and in practice to ensure a full application of this provision of the Convention.

6. Article 7. Occupational safety and health review. The Committee notes that the Government in its report yet again refers to provisions requiring employers to conduct at least a yearly OSH review, in consultation with the competent trade union body. The Committee reiterates that this provision of the Convention is not limited to enterprise level reviews and that these reviews are called for either overall or in respect of particular areas including by public authorities. Please indicate whether similar reviews are undertaken overall and, in particular, whether the newly adopted National Policy on OSH includes provisions for such reviews. To the extent that such reviews are carried out on a regular basis, the Committee requests the Government to keep it regularly informed of the outcome of such reviews.

7. Article 12, paragraph (a). Design, import, provision and transfer of machinery, equipment or substances for occupational use. The Committee notes the information that a legal framework, including technical requirements as well as technical standards and tests, has been set up for the manufacture of machinery and equipment for occupational use but that these provisions do not seem to cover substances for such use. Furthermore, the Committee notes that the report is silent as regards measures taken to ensure that those who design, import, provide and transfer machinery, equipment and substances for occupational use satisfy themselves that the machinery, equipment or substances do not entail dangers for the safety and health of those using it correctly. The Committee requests the Government to provide information on the measures taken to ensure that full effect, in law and in practice, is given to this Article of the Convention.

8. Article 15. Coordination between national competent authorities. The Committee notes from Government reports that the Czech Occupational Safety Office has been superseded by the State Labour Inspection Office but that the report is silent regarding the respective responsibilities of the relevant OSH bodies and on whether measures have been taken to ensure a closer cooperation between them to ensure that all areas of OSH are covered and to limit possible duplication of attribution to authorities. The Committee requests the Government to provides further information on measures taken or envisaged to establish an efficient collaboration between competent national authorities with a view to ensuring a coherent national policy on occupational safety, occupational health and the working environment, covering all aspects of OSH.

9. Article 19, paragraph (e). Labour inspection. The Committee notes that section 136 of the Labour Code ensures that trade union bodies have the right to inspect how OSH protection is ensured at the workplace and to examine whether the employers fulfil their duties. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that all representatives of workers are given adequate information on measures taken by the employers to secure OSH as provided in the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Further to its observation, the Committee notes the information in the Government’s report, including information in response to questions raised in its previous comments, including regarding Article 5, paragraph (k). It also notes the information concerning the adoption of several pieces of new legislation relevant in this context, including Act No. 258/2000, on public health and Decree No. 424/2004 stipulating activities of health-services employees and other specialized employees. The Committee requests the Government to provide a copy of this legislation and additional information on the following issues.

2. Article 5, paragraph (g) and (h). Adaptation of work and vocational rehabilitation. The Committee notes the Government’s reference in this context to section 80 of Act No. 435/2004 providing for measures to ensure the insertion of handicapped persons. The Committee notes that provisions in Article 5, paragraph (h), of the Convention applies to all workers, not only handicapped persons and that the report is silent on provisions that provide for the adaptation of work and vocational rehabilitation for all workers. The Committee requests the Government to provide information in this regard.

3. Part III of the report form. The Committee notes that the report is silent on the special provisions adopted under section 138 of the Labour Code regulating specialized state supervision of occupational safety and health and on whether the former regulations are still in force. The Committee therefore renews its requests to the Government to provide a copy of these regulations and to state whether the former regulations are still in force.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Further to its observation, the Committee notes with interest the detailed information, including references to a large number of Acts, decrees, ordinances and regulations provided by the Government in its reports, as well as information on the level of safety in the mining sector for the years 2001, 2003, 2004 and 2005. The Committee requests the Government to transmit copies of the various Acts, decrees, ordinances and regulations referred to in its reports, with translations in English, if available, and to supply clarification and supplementary information in respect of the following points.

2. Article 1 of the Convention. Definitions. Please indicate the definitions of the terms "mine" and "employer" under national legislation.

3. Article 3. Policy on safety and health in mines. The Committee notes that the Czech Mining Office had in 2002 prepared a proposal of the concept of the aggregate policy on occupational safety and health in mines and that the trade unions consulted had recommended that the adoption of the concept be deferred until the adoption of the national policy on occupational safety and health. Please indicate whether the national policy on occupational safety and health and the concept of the aggregate policy on occupational safety and health in mines prepared by the Czech Mining Office have since been adopted.

4. Article 4, paragraph 2. Technical standards, guidelines and codes of practice. Please indicate whether there are any technical standards, guidelines or codes of practice supplementing the national laws and regulations giving effect to the Convention.

5. Article 5, paragraph 2(c). Reporting of dangerous occurrences and mine disasters. Please indicate the specific provisions of national legislation requiring the reporting of dangerous occurrences and mine disasters.

6. Article 5, paragraph 2(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. Please indicate the specific provisions of national legislation requiring the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences.

7. Article 5, paragraph 4(d). Requirements for the safe storage and transportation of hazardous substances used in the mining process and disposal of waste produced at the mine. The Committee takes note of the indication of the Government that the provisions of special Part III of Act No. 61/1988, Decree No. 99/1995, Decree No. 22/1989, Decree No. 26/1989 and Decree No. 51/1989 specify the requirements for the disposal of hazardous substances used in the mining process. Please indicate the specific provisions of national legislation containing requirements for the safe storage and transportation of hazardous substances used in the mining process and the disposal of waste produced at the mine.

8. Article 5, paragraph 5. Preparation of appropriate plans in the event of any significant modification of operations and updating of plans of workings. The Committee notes the indication of the Government that sections 10 and 19 of Act No. 61/1988 require plans of workings to be submitted to the district mining office together with a request for permission to start operations. Please indicate the specific provisions of national legislation which require the employer in charge of the mine to ensure that appropriate plans of workings are also prepared in the event of any significant modification and that plans of workings are brought up to date periodically and kept available at the mine site.

9. Article 7(a). Safe design and construction of mines and provision of electrical, mechanical and other equipment. The Committee notes that the Government refers to section 6(6) of Decree No. 22/1989 relating to the location of telecommunication equipment in mines. In the light of the requirements of Article 7(a) of the Convention, please indicate the specific provisions of national legislation requiring employers to ensure that the mine is designed and constructed and provided with electrical, mechanical and other equipment so as to provide conditions for safe operation and a healthy working environment.

10. Article 7(b). Safe commissioning, maintenance and decommissioning of mines. The Committee notes the indication of the Government that the provisions of Decree No. 22/1989, in particular, sections 39, 44, 50 and 58 and Decree No. 415/2003 contain requirements for the safe operation of mines. Please indicate the specific provisions of national legislation requiring employers to ensure that mines are commissioned, maintained and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety or health or that of other persons.

11. Article 7(c). Maintenance of stability of the ground. Please indicate the specific provisions of national legislation requiring employers to ensure the stability of the ground in areas to which workers have access.

12. Article 7(g). Operating plans in respect of zones susceptible to particular hazards. The Committee notes that the Government refers to section 134(c) of the Labour Code which requires the elimination or limitation of risks and the provisions of Act No. 61/1988, Ordinance of the Czech Mining Office No. 8/1987 and Decrees Nos. 26/1989 and 51/1989 which require the preparation of emergency plans. Please indicate the specific provisions of national legislation requiring employers to draw up and implement an operating plan in respect of zones susceptible to particular hazards so as to ensure a safe system of work and the protection of workers.

13. Article 12. Responsibilities of the employer in charge of the mine, when two or more employers undertake activities at the same mine. The Committee notes that the Government refers to section 6 of Act No. 61/1988 which specifies the responsibility of the employer. It also notes that section 132(4) of the Labour Code requires two or more employers undertaking tasks at the same workplace to cooperate to ensure safe and healthy working. Please indicate the specific provisions of national legislation that require the employer in charge of the mine to coordinate the implementation of measures concerning the safety and health of workers and to be primarily responsible for the safety of operations, when two or more employers undertake activities at the same mine.

14. Article 13, paragraph 1(a). Right of workers to report accidents, dangerous occurrences and hazards to the competent authority. The Committee notes that section 135(4)(f) of the Labour Code enables workers to report accidents, dangerous occurrences and hazards to the employer. Please indicate the specific provisions of national legislation under which workers have the right to report accidents, dangerous occurrences and hazards to the competent authority.

15. Part V of the report form. The Committee notes with interest the reports regarding the level of safety in the mining sector for the years 2001, 2003 and 2004. Please continue to supply such reports.

16. First aid for underground injuries and the maintenance of mining rescue services. Noting that the report for the year 2001 refers to difficulties in securing first aid in cases of underground injuries, and in rescuing of the injured underground, and that it also indicates that the mining rescue service is not maintained in many mines that are privately managed, the Committee requests the Government to indicate the measures taken or envisaged to ensure that employers provide workers injured underground with speedy access to the requisite first aid and medical facilities and to ensure that mining rescue services are maintained in privately managed mines.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes with interest the information in the Government’s report including replies to comments made by the Committee as well as the information regarding amendments to Act No. 18/1997 on the peaceful use of nuclear energy and ionizing radiation by Act No. 13/2002, and the adoption of the following Decrees: No. 307/2002 on requirements for securing radiation protection (replacing No. 184/1997 on the same subject); No. 419/2002 on personal radiation passports; No. 318/2002 on details to ensure disaster prevention in nuclear installations and workplaces with ionizing radiation sources and on requirements made on the contents of internal disaster prevention plans and disaster prevention rules; and No. 317/2002, amending Decree No. 146/1997 specifying activities directly affecting nuclear safety and activities and especially important for radiation protection. As further examined below, the newly adopted legislation appears to give effect to most aspects of Articles 1, 5 and 8. The texts of the new pieces of legislation were not, however, appended to the report. The Committee also notes the observations of the Czech-Moravian Confederation of Trade Unions reflected in the report and according to which a more detailed comparison of the legislative changes introduced by the new legislation should have been presented by the Government. Against this background, the Committee requests the Government to provide with its next report copies of the new pieces of legislation, including, if possible, translations thereof into one of the working languages of the ILO, to enable the Committee to examine them in detail. In the meantime, and on the basis of the information in the Government’s report, the Committee draws the attention of the Government to the following points.

2. Article 1. Tripartite consultations. The Committee notes with interest that in reply to the Committee’s previous comments, the Government indicates that consultations with the tripartite constituents, as well as other interested institutions, are provided for in general rules concerning the procedure to follow for developing and adopting legislation. The Committee notes this information and requests the Government to indicate the manner in which it is ensured that consultations are held with the representatives of employers and workers on questions also related to the implementation of laws and regulations or other measures giving effect to the Convention.

3. Article 8. Dose limits for non-radiation workers; Article 12. Medical examinations. The Committee notes with interest that in reply to its previous comments on these issues, the Government indicates that section 19 of Decree No. 307/2002 provides for an annual dose limit of 1 mSv for non-radiation workers which is in conformity with the 1990 recommendations of the International Commission on Radiological Protection (ICRP) and section 28, subsection 3(a) of Decree No. 307/2002 provides for a pre-employment medical examination and that section 28, subsection 3(b) of the same decree prescribes a periodical medical check-up of category-A workers once a year. As regards the latter point, the Committee requests the Government to provide some further information on the medical examinations required for different categories of workers.

4. Article 5. Exposure to ionizing radiations. The Committee notes the Government’s indications that radiation exposure limits are set down in sections 19 to 23 of Decree No. 307/2002 and that protection against ionizing radiation is based on the internationally recognized principle of optimization referred to in section 17 of the same Decree. Accordingly, all radiation should be planned and kept at a level as low as reasonably achievable with regard to economic and social factors. The Government also indicates that when setting down the optimization measures for an individual activity leading to radiation, the competent authority takes into account existing experience with such activities and sources, so that the level of radiation protection is not lower that that already achieved, and takes into account a possible influence of other activities and sources, so that the overall excess of radiation limits is prevented. The Committee once again draws the attention of the Government to the fact that the Convention requires the restriction of exposure "to the lowest practicable level", and requests the Government to indicate to what extent economic and social factors have been taken into consideration in this context and to take the necessary measures to ensure that exposure of workers is restricted to the lowest practicable level in accordance with the Convention.

5. Article 7, paragraph 2. Prohibition against engaging workers under the age of 16 in work involving ionizing radiation. The Committee notes that in reply to its previous comment on this issue the Government refers to section 24 of Decree No. 307/2002 which provides that persons below the age of 18 cannot be given a job potentially leading to radiation exposure at a level exceeding general limits, and must be given such conditions and such a level of radiation protection as for the general population. The Committee also notes, however, that the Government elsewhere in the report indicates that section 21 of Decree No. 307/2002 sets radiation limits for apprentices and students who are 16 to 18 years old and that section 23 of the same Decree sets radiation limits for special cases. The Committee requests the Government to provide further information about the radiation limits prescribed for apprentices and students from 16 to 18 years of age and how these rules are applied in practice, as well as further information on the apparent exceptions possible for "special cases", the modalities therefor and the measures taken or envisaged to ensure that no worker under the age of 16 years is engaged in work involving ionizing radiations.

6. Part V of the report form. Application in practice. The Committee notes with interest the detailed information provided by the Government in its report concerning the manner in which work involving radiation is being supervised, as well as the outcome of this supervision. The Committee also notes with interest the introduction by Decree No. 419/2002 of personal radiation cards or passports issued to external workers on a contract in a controlled zone of a different operator. The Committee invites the Government to continue to provide such information on the practical application of the Convention including information on the measures taken to limit the cases where workers accidentally are exposed to doses exceeding the prescribed maximum levels as well as on the experiences gained with the personal radiation passports.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes with interest the Government’s comprehensive report, including references to the adoption in 2003 of a new National Occupational Safety and Health Policy, and to a series of legislative changes including significant amendments to the occupational safety and health provisions in the Labour Law (Act No. 65/1965, as amended) and the adoption of a new law on Labour Inspection (Act No. 251/2005), all contributing to an increased application of the Convention in the country. The Committee also notes, however, the observations made by the Czech-Moravian Confederation of Trade Unions (CMKOS), reflected in the Government’s report, in which CMKOS regrets that the Government does not further detail how the Convention is applied in practice and that efforts have not been made to enable a ratification of the Protocol to Convention No. 155. Against this background, the Government is requested to comment on the observations of CMKOS in the report to be submitted to the Committee at its next session, including, in accordance with Part V of the report form, a general appreciation of the manner in which the Convention is applied in the country and information about the number of workers covered by the measures giving effect to the Convention, disaggregated by sex, if available, the number and nature of infringements reported, etc. and to supply relevant extracts from inspection reports. The Committee also requests the Government to submit copies of the relevant documents and legislation including, as available, translations into one of the working languages of the ILO, to enable a more detailed examination thereof by the Committee.

2. Article 2 of the Convention. Scope of application. The Committee notes with interest that the Government highlights in its report that the scope of application of the Labour Code also includes homeworkers i.e. employees who do not work at the employer’s workplaces but, in accordance with terms and conditions agreed by the employment contract, perform the agreed work at home under their own distribution of working hours, but that such homeworkers are not subject to the provisions on the distribution of weekly working time, and those on idle time, that they have no right to compensation of wages in the event of impediments to work, and that they are not entitled to pay increases for overtime and work holidays and to other wage components provided by wage regulations. The Committee requests the Government to indicate in more detail the statutory provisions which regulate their working conditions and how these provisions are applied in practice.

3. The Committee is raising certain other points in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2006.]

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the detailed information supplied by the Government in its report and information on the adoption of several new pieces of legislation including Act No. 155/2000 to amend the Labour Code, Act No. 95/2004 on terms of acquisition and recognition of professional qualifications, as well as Act No. 96/2004 on terms of acquisition and recognition of non-medical occupations and Decree No. 424/2004 stipulating activities of the health-services employees, and introducing a new specialization - nurse for occupational health care. The Committee also notes the observations of the Czech-Moravian Confederation of Trade Unions (CMKOS), included in the Government’s report.

2. Article 5 of the Convention. Occupational health services. The Committee notes that, according to the CMKOS, no measures have been taken to address the problems related to the general shortage of occupational health physicians, and that, as a result, occupational health physicians do not take part in the development of programmes for the improvement of work practices, the testing and evaluation of health aspects of new equipment. The CMKOS also indicates the requirement in Act No. 155/2000 that employers should refer workers to medical establishments for the provision of occupational health services, including vaccinations and preventive medical examinations required by their function cannot be fulfilled by most employers. Noting that the Government does not provide any further information on this issue, the Committee requests the Government to indicate measures taken or envisaged to ensure that the occupational health services in the country are able to fulfil their functions according to this Article.

3. Article 10. Professional independence. The Committee notes that the CMKOS considers that the provisions requiring that occupational health services should be professionally independent are not fully applied in practice. In their view, the fact that the medical centres at enterprises employ their own physicians to perform occupational care compromises the independence of the occupational health services. Noting that the Government does not provide any further information on this issue, the Committee requests the Government to indicate measures taken or envisaged to ensure the professional independence of occupational health physicians.

4. Article 11. Qualifications required for personnel providing occupational health services. The Committee notes the Government’s reference to new legislation in this area, including Acts Nos. 95/2004 and 96/2004, concerning qualification requirements for occupational health physicians and nurses respectively. The Committee also notes the statement by CMKOS that this new legislation is not adequately applied in practice, as occupational health services, when performed, are often performed by general practitioners. The Committee requests the Government to indicate measures taken or envisaged to ensure a full application in practice of this Article of the Convention.

5. The Committee is raising certain other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information contained in the Government’s reports for the years 2003, 2004 and 2005 including the observations of the Czech-Moravian Confederation of Trade Unions (CM KOS) made in 2005.

2. Measures to improve safety and health standards in mines and in black coal mines. The Committee notes that according to the information provided by the Government the number of fatal accidents in mines increased over the years 2003 and 2004 and that in these years there were 20 and 21 fatal accidents, respectively with the highest number of fatal accidents occurring in black coal mines. The Committee also notes that the number of work injuries requiring hospitalization for more than five days appears to be on the rise, with 58 such injuries having occurred in 2004 and 34 of these injuries occurring in black coal mines. The Committee notes that CM KOS has expressed serious concerns regarding the increasing number of fatalities and that, in an effort to address these concerns, measures had been taken in cooperation between CM KOS, occupational safety inspectors of the Trade Union of Workers in Mines, Geology and Oil Industry (OS-PGHN), the Czech Mining Office (ČBÚ) and the State Labour Inspection Office. The Committee notes with interest the information submitted by the Government that the state mining administration bodies inspected the status, cause and consequence of each fatality, that proceedings were commenced against every organization concerned, that sanctions were applied if safety norms were breached and that fines were imposed during inspections by the local mining offices for infringement of safety norms. The Committee requests the Government to provide further detailed information on measures taken to address the concerns addressed in this comment including information on the results of the specific cooperation between CM KOS, OS-PGHN, ČBÚ and the State Labour Inspection Office. Furthermore, and in the light of the fact that the highest number of fatal accidents and the highest number of injuries requiring hospitalization for more than five days in both 2003 and 2004 have taken place in black coal mines, the Committee requests the Government to indicate specific measures taken to improve safety and health standards in black coal mines, apart from the imposition of sanctions.

3. The Committee is raising certain other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s last report. It draws the Government’s attention to the following points requiring additional measures.

1. Article 1 of the Convention. The Committee notes that the national legislation designed to give effect to the provisions of the Convention does not seem to contain a provision with regard to consultations with representatives of employers and workers on the preparation and implementation of laws and regulations or other measures giving effect to the Convention. The Committee therefore requests the Government to indicate the manner in which the representatives of employers and workers are consulted in this respect.

2. Article 5. The Committee notes section 4, subsection 6, of Act No. 18/1997 on peaceful use of nuclear energy and ionizing radiation stipulating that the person performing radiation practices must reduce the exposure of people so that the total exposure caused by a possible combination of exposure from all radiation practices does not exceed the specified exposure limits. Section 4, subsection 4, of Act No. 18/1997 on peaceful use of nuclear energy and ionizing radiation requires the user of nuclear energy or of radiation practices to maintain a level of nuclear safety, radiation protection, physical protection and emergency preparedness that the risk to human life, health and to the environment is kept as low as reasonably achievable, economic and social factors being taken into account. According to section 7, subsection 4, of Regulation No. 184/1997 on radiation protection requirements, "the reasonable achievable level of radiation protection is possible to prove by the procedure during which they compared the costs for the alternative measures for the upgrade of radiation protection …". With a view to the fact that the Convention requires the restriction of exposure "to the lowest practicable level", the Committee requests the Government to explain to which extent economic and social factors are taken into consideration in this context, and to take the necessary measures to ensure that exposure of workers is restricted to the lowest practicable level.

3. Article 7, paragraph 2. The Committee notes that according to section 11, subsection 2, of Regulation No. 184/1997 on radiation protection requirements, the dose limit for persons under the age of 16 is the same as the basic general limits, which are established under section 9 of this Regulation. Section 9, subsection 1(a), of Regulation No. 184/1997 on radiation protection requirements provides for an annual dose limit of 1 mSv. In contrast, the Convention prohibits the engagement of young workers under the age of 16 to work involving exposure to ionizing radiations. The Committee accordingly requests the Government to take the necessary measures to ensure that no worker under the age of 16 is engaged in work involving ionizing radiations.

4. Article 8. The Committee notes that pursuant to section 12, subsection 1, of Regulation No. 184/1997 on radiation protection requirements, the annual dose limit for non-radiation workers is 1 mSv for persons under the age of 18 and 5 mSv for other persons, thus persons aged 18 and over. In this regard, the Committee recalls that the International Commission on Radiological Protection (ICRP) established in its 1990 Recommendations a general annual dose limit of 1 mSv for this category of persons. The Committee accordingly requests the Government to align the current dose limit with that recommended by the ICRP.

5. Article 12. The Committee notes that section 37, subsection 2, of Regulation No. 184/1997 on radiation protection requirements provides for regular medical examinations of workers, at least every two years. However, there seems to be no provision providing for appropriate medical examinations of workers prior or shortly after taking up work involving ionizing radiations. The Committee therefore requests the Government to take the necessary measures to ensure that medical examinations of workers are carried out as well before the commencement of work involving ionizing radiations.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its last report to the effect that section 133 of the Labour Code has been amended in order to set out employers’ obligations in the area of health and safety. The Committee recalls that in its first report on this Convention, received in 1994, the Government stated that there had been a fundamental transformation of the whole health system. It also indicated that Act No. 550/1991 abolished the Instruction of the Ministry of Health concerning the organization of enterprise health services. It further stated that new legislation was under preparation. The Committee therefore renews its request to the Government to provide as soon as possible copies of the laws or regulations in force which give effect to the provisions of the Convention.

The Committee notes the information concerning Articles 10 and 12 of the Convention. It draws the Government’s attention to the following points.

Article 5, paragraphs (d), (g), (h) and (k). The Committee notes that, according to the Government, Act No. 20/1966 on People’s Health Care covers occupational health services. This Act describes briefly the role of occupational health services. The Committee also notes that apart from the medical centres of a few big companies, there is a general shortage of physicians specializing in occupational health services. Furthermore, these services are currently provided by general practitioners, who perform only preventive medical examinations. They participate only to a minor extent, if at all, in the development of programmes for the improvement of working practices, testing and evaluation of the health aspects of new equipment. The Committee notes that, according to the Government, the same applies to the provisions of the Convention on the adaptation of work to the worker, vocational rehabilitation measures, and analysis of occupational accidents and diseases. The Committee asks the Government to keep the Office informed of any improvements in this area and to report on any measures taken to ensure that occupational health services carry out the following functions: participation in the development of programmes for the improvement of working practices as well as testing and evaluation of the health aspects of new equipment; promotion of the adaptation of work to the workers; contribution to measures of vocational rehabilitation; participation in analysis of occupational accidents and occupational diseases.

The Government indicates in its report that the obligation to ensure occupational health services is based on the provisions of the People’s Health Care Act, No. 20/1966, and that work is in progress on a new health-care Act in which the subject of occupational health services will be covered in full conformity with EC legislation and Convention No. 161. The Committee asks the Government to keep the Office informed of progress made in this regard and to provide a copy of the new Act once it is adopted.

Part III of the report form. The Committee notes that section 138 of the Labour Code provides for specialized state supervision of occupational safety and health which shall be regulated by special provisions. It asks the Government to provide a copy of these regulations and to state whether the former regulations are still in force.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee refers to its observation. It notes the Government’s reply to its previous comments.

Articles 4, 6 and 8 of the Convention.  The Committee notes the information provided on the ongoing legislative reform relating to occupational safety and health, in particular the amendment to the Labour Code which will probably enter into force on 1 January 2001. Please continue to provide particulars on developments in this regard, and to communicate copies of the adopted documents and legal texts designed to ensure the formulation, implementation and periodic review of the national policy on occupational safety and health.

Articles 5(a) and 11(b).  The Committee notes the information provided in answer to its previous comments. Please specify the provisions of national laws and regulations that indicate the extent to which the policy on occupational safety and health covers the design, testing, choice, substitution, installation, arrangement, use and maintenance of work processes (Article 5(a)). Please also specify the extent to which the competent authority or authorities ensure that the function of the determination of work processes, the exposure to which is to be prohibited, limited or made subject to authorization or control, is progressively carried out (Article 11(b)).

Article 7.  The Committee notes the information provided that employers are required to conduct at least a yearly occupational safety and health review, in consultation with the competent trade union body. It also notes that supervision in the mining sector is carried out by the application of a combined system of general reviews, specialized reviews, comprehensive reviews and by a number of normal unannounced controls. The Committee recalls that this provision of the Convention is not limited to enterprise level reviews and that these reviews are called for either overall or in respect of particular areas including by public authorities. Please indicate whether similar reviews are undertaken overall or in sectors other than mining.

Article 12.  The Committee notes the text of Act No. 22/1997. It looks forward to receiving the text of the amendment to the Labour Code when adopted and that it will adequately address matters dealt with by this Article of the Convention.

Article 15.  Further to its previous comments, the Committee notes that at present competences and the related responsibilities to give effect to the provisions of the Convention are mainly divided between the Ministry of Labour and Social Affairs and that of Health. In specific cases the functions of the state administration and part of the responsibilities relating to inspection are referred to separate inspection bodies (for example the state inspection of airlines, the railways office inspecting rail transport equipment within the Ministry of Transport, fire prevention control exists within the Ministry of Interior, etc.). The Committee notes the information that while the competences and responsibilities of these central authorities of the state administration in the sector of occupational safety and health are defined by Act No. 2/1969, as amended, some duplication cannot be avoided while certain other areas may not be covered or sufficiently covered. The Government indicates that this is due to the rather general definitions and distribution of responsibilities, the frequent changes in the respective legislation, and the differing policies in the respective sectors. The Committee would be grateful if the Government would keep the Office informed of any progress made in improving the coordination between various authorities and bodies concerned with occupational safety and health.

Articles 19 and 20.  Further to its previous comments, the Committee notes the information that the involvement of workers and their representatives will continue under the new amendment to the Labour Code which will introduce the new concept of occupational safety and health representative into Czech law. It also notes that the proposed text will ensure the right of employees to receive full information from their employer about measures already taken and those to be taken in the sector of occupational safety and health, including the right to participate in the discussion of all related matters. Workers and their representatives will be provided with an opportunity to submit their observations during the controls made by bodies of the state technical supervision over safety and health, and that the proposed text will be more comprehensive and more specific than the present legislation. The Committee hopes the amendment will be adopted shortly and a copy of the adopted text supplied to the Office.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1.  The Committee requests the Government to provide additional information on the following points.

  Article 5(d), (g), (h) and (k) of the Convention.  Please specify to what extent the following functions are guaranteed by occupational health services: participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment; promotion of the adaptation of work to the workers; contribution to measures of vocational rehabilitation; participation in analysis of occupational accidents and occupational diseases.

  Article 10.  Please indicate the provisions made to guarantee the professional independence of the personnel in all new institutions from employers, workers and their representatives.

  Article 12.  The Committee notes that, according to the Government’s report, the financial and economic conditions relating to the health benefits granted by occupational medical services are not completely covered by legislation. It requests the Government to indicate whether the surveillance of workers’ health in relation to their work is free of charge for them in all health services, whether it involves any loss of earnings for them, and what provisions govern the financial conditions of the surveillance of workers’ health.

2.  The Committee notes that, according to the Government, the system of national health institutions is undergoing a period of fundamental transformation, and changes and amendments must be made to the national legislation governing the activity of occupational health services. The Committee requests the Government to indicate any progress made in this regard by specifying in particular the regulatory texts adopted which remain in force.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with interest the Government’s reply to its previous comments referring to earlier observations made by the Czech-Moravian Chamber of Trade Unions (CMKOS) essentially relating to the required measures for the formulation, implementation and periodic review of a coherent national policy on occupational safety, occupational health and the working environment (Article 4 of the Convention). The Government indicates in its reply that the amendment to the Labour Code will probably enter into force on 1 January 2001, and that a copy will be sent to the Office when it is approved. It indicates that the amendments change in important ways the parts concerning safety and health at work.

The Committee further notes with interest the information that the Czech Republic is bound by its association with the European Union to harmonize its legislation with the European Union legislation in the field of safety and health at work. Comparative analysis of EU Directives has been completed and the basic principles and requirements in this field demanded by EU have been included in the amendment to the Labour Code, and a number of by-laws containing technical details concerning EU Directives will be issued based on the Labour Code and the new law on protection of public health.

The Committee also notes with interest the information that the comparative analysis of safety and health at work management models in the EU countries is being finalized and that the management model in the Czech Republic will be formulated on the basis of this comparative analysis.

The Committee notes with interest the information that the Czech Office for Safety at Work, an institution founded by the Ministry of Labour and Social Affairs, is currently working on the draft law on labour inspection. It also notes with interest the information that one of the priorities covered by the Ministry of Labour and Social Affairs strategy plan up to 2002 is safety and health at work. The Government’s report indicates that in order to ensure the protection and improvement of the working environment it is vital to develop and implement a national plan for the protection of the working environment, which, for its implementation, will require the establishment of: (a) realistic and achievable objectives and targets; (b) an approach that is effective and can be monitored with regard to progress in meeting the objectives, including both timing and economic costs/benefits; (c) institutional implementation; (d) resources (human, technical and financial); and (e) enforcement mechanisms.

The Committee hopes that the abovementioned laws and regulations and other measures will be adopted shortly and that copies of the adopted texts will be sent to the Office.

The Committee is addressing a number of other points to the Government in a direct request.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee refers to its observation. It notes the Government's reply to its previous comments. In particular it notes that the Government's reply provides general indications as to national laws and regulations giving effect to the provisions of the Convention. The Committee would be grateful if the Government would specify the provisions of national laws, regulations and other appropriate instruments applying the following provisions of the Convention referred to in its previous direct request.

Article 4 of the Convention. Please continue to provide particulars, documents and legal texts designed to formulate and implement the national policy on occupational safety and health and any information on its evolution and development.

Article 5. Please specify the provisions of national laws and regulations that indicate the extent to which the policy on occupational safety and health covers the main spheres of action enumerated in subparagraphs (a) to (e) of this Article.

Articles 6 and 8. The Committee notes the Government's reply and the text of the sections regulating safety and health matters in Act No. 74/1994 adopted to amend the Labour Code, and the document submitted to the Government entitled Proposed state policies in matters of occupational safety. Please continue to provide indications on developments regarding drafting of the new Labour Code which the report indicates is planned for adoption in 1999.

Article 11. The Committee notes the Government's reply and the copy of the annual report for 1996 of the Czech Occupational Safety Office. Please continue to provide such annual reports and to supply a copy of the Mining Yearbook as well as a copy of all the texts giving effect to these subparagraphs of this Article of the Convention.

Article 12. The Committee notes the Government's reply that it is Act No. 22 of January 1997 which provides for the technical requirements placed on products. Please supply a copy of Act No. 22.

Article 15. The Committee notes the Government's reply to its previous comments. Please indicate: (i) what arrangements have been made to ensure the necessary coordination between the various authorities and bodies responsible for giving effect to the Convention at the national level; and (ii) whether a central coordinating body has been established.

Articles 19 and 20. The Committee notes the Government's reply that in the course of the drafting of the new labour legislation and safety and health legislation, full regard will be had of the requirements of these Articles of the Convention. Please communicate a copy of all relevant texts adopted in this regard.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report contains no reply to its previous comments. It must therefore repeat its previous direct request, which read as follows:

1. The Committee requests the Government to provide additional information on the following points.

Article 5(d), (g), (h) and (k) of the Convention. Please specify to what extent the following functions are guaranteed by occupational health services: participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment; promotion of the adaptation of work to the workers; contribution to measures of vocational rehabilitation; participation in analysis of occupational accidents and occupational diseases.

Article 10. Please indicate the provisions made to guarantee the professional independence of the personnel in all new institutions from employers, workers and their representatives.

Article 12. The Committee notes that, according to the Government's report, the financial and economic conditions relating to the health benefits granted by occupational medical services are not completely covered by legislation. It requests the Government to indicate whether the surveillance of workers' health in relation to their work is free of charge for them in all health services, whether it involves any loss of earnings for them, and what provisions govern the financial conditions of the surveillance of workers' health.

2. The Committee notes that, according to the Government, the system of national health institutions is undergoing a period of fundamental transformation, and changes and amendments must be made to the national legislation governing the activity of occupational health services. The Committee requests the Government to indicate any progress made in this regard by specifying in particular the regulatory texts adopted which remain in force.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government's reply to its previous comments referring to the observations made by the Czech-Moravian Chamber of Trade Unions (CMKOS). These comments concerned the following matters: the absence of a worked-out constructive state policy of occupational safety and health to ensure compliance with the Convention; the failure of the draft document on state policy on this matter to define a basic concept of the policy, the role of the State and those of the social partners, and its failure to indicate measures contemplated at the national and regional levels; the failure of the draft law on occupational safety and health to take account of the amendments suggested by the social partners on the absence of measures at the national, regional and company levels; and the weakening of the unions' role in representing employees in matters of occupational safety and health at the national and company levels. The Committee recalls that it had requested the Government to reply to the comments of the CMKOS and to indicate the measures taken or envisaged to formulate and implement a coherent national policy (Article 4 of the Convention). The Committee notes from the Government's reply that the draft Paper on state policy which was discussed by the Government in April 1995 constituted an effort to formulate a comprehensive framework for the activities in the areas of safety and health at work and labour inspection. Steps which would lead to implementation of the proposed policies (such as laws on safety and health at work and labour inspection) were suspended in 1996 due to differing views on the concept of future legislation (Labour Code or Civil Code). Representative trade unions' and employers' organizations were duly consulted in this process. Views expressed and proposals made by the trade unions' and employers' organizations are currently being discussed in a new round of negotiations concerning the drafting of the new law on safety and health at work. The Committee also notes the information that, based on Act No. 20/1966, numerous notifications and instructions were adopted by the Ministry of Health regulating industrial hygiene requirements in respect of the working environment, mobile machines, plant equipment, hygiene principles for work with chemical carcinogenic substances and lasers, procedures for the assessment of capacity to perform work, protection against poisons and other health endangering substances, etc. A draft law to replace obsolete parts of Act No. 20/1966 by reformulating basic employers' obligations in issues of preventive health care, and by determining the structures of state administrative bodies and their competences in the area of health protection is being prepared. In connection with the new law, the Ministry of Health intends to adopt implementing regulations to provide for hygiene thresholds and hygiene requirements for working conditions, health protection against effects of noise and vibrations, health protection against adverse effects of non-ionizing radiation, and a new law on chemical substances. The Committee also notes the information concerning a number of other related safety and health legislation in mines that are in preparation. The Committee hopes that the Government will soon be in a position to adopt the laws and regulations that are in preparation and to communicate to the Office copies of the adopted texts. It also hopes the Government will, in its next report, indicate in detail the provisions of national laws, regulations and other appropriate measures that apply each provision of the Convention in accordance with the report form. The Committee is addressing a number of other points to the Government in a direct request.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee refers to its observation. It notes the Government's reply to its previous comments. In particular it notes that the Government's reply provides general indications as to national laws and regulations giving effect to the provisions of the Convention. The Committee would be grateful if the Government would specify the provisions of national laws, regulations and other appropriate instruments applying the following provisions of the Convention referred to in its previous direct request.

Article 4 of the Convention. Please continue to provide particulars, documents and legal texts designed to formulate and implement the national policy on occupational safety and health and any information on its evolution and development.

Article 5. Please specify the provisions of national laws and regulations that indicate the extent to which the policy on occupational safety and health covers the main spheres of action enumerated in subparagraphs (a) to (e) of this Article.

Articles 6 and 8. The Committee notes the Government's reply and the text of the sections regulating safety and health matters in Act No. 74/1994 adopted to amend the Labour Code, and the document submitted to the Government entitled Proposed state policies in matters of occupational safety. Please continue to provide indications on developments regarding drafting of the new Labour Code which the report indicates is planned for adoption in 1999.

Article 11. The Committee notes the Government's reply and the copy of the annual report for 1996 of the Czech Occupational Safety Office. Please continue to provide such annual reports and to supply a copy of the Mining Yearbook as well as a copy of all the texts giving effect to these subparagraphs of this Article of the Convention.

Article 12. The Committee notes the Government's reply that it is Act No. 22 of January 1997 which provides for the technical requirements placed on products. Please supply a copy of Act No. 22.

Article 15. The Committee notes the Government's reply to its previous comments. Please indicate: (i) what arrangements have been made to ensure the necessary coordination between the various authorities and bodies responsible for giving effect to the Convention at the national level; and (ii) whether a central coordinating body has been established.

Articles 19 and 20. The Committee notes the Government's reply that in the course of the drafting of the new labour legislation and safety and health legislation, full regard will be had of the requirements of these Articles of the Convention. Please communicate a copy of all relevant texts adopted in this regard.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's reply to its previous comments referring to the observations made by the Czech-Moravian Chamber of Trade Unions (CMKOS). These comments concerned the following matters: the absence of a worked-out constructive state policy of occupational safety and health to ensure compliance with the Convention; the failure of the draft document on state policy on this matter to define a basic concept of the policy, the role of the State and those of the social partners, and its failure to indicate measures contemplated at the national and regional levels; the failure of the draft law on occupational safety and health to take account of the amendments suggested by the social partners on the absence of measures at the national, regional and company levels; and the weakening of the unions' role in representing employees in matters of occupational safety and health at the national and company levels.

The Committee recalls that it had requested the Government to reply to the comments of the CMKOS and to indicate the measures taken or envisaged to formulate and implement a coherent national policy (Article 4 of the Convention). The Committee notes from the Government's reply that the draft Paper on state policy which was discussed by the Government in April 1995 constituted an effort to formulate a comprehensive framework for the activities in the areas of safety and health at work and labour inspection. Steps which would lead to implementation of the proposed policies (such as laws on safety and health at work and labour inspection) were suspended in 1996 due to differing views on the concept of future legislation (Labour Code or Civil Code). Representative trade unions' and employers' organizations were duly consulted in this process. Views expressed and proposals made by the trade unions' and employers' organizations are currently being discussed in a new round of negotiations concerning the drafting of the new law on safety and health at work.

The Committee also notes the information that based, on Act No. 20/1966, numerous notifications and instructions were adopted by the Ministry of Health regulating industrial hygiene requirements in respect of the working environment, mobile machines, plant equipment, hygiene principles for work with chemical carcinogenic substances and lasers, procedures for the assessment of capacity to perform work, protection against poisons and other health endangering substances, etc. A draft law to replace obsolete parts of Act No. 20/1966 by reformulating basic employers' obligations in issues of preventive health care, and by determining the structures of state administrative bodies and their competences in the area of health protection is being prepared. In connection with the new law, the Ministry of Health intends to adopt implementing regulations to provide for hygiene thresholds and hygiene requirements for working conditions, health protection against effects of noise and vibrations, health protection against adverse effects of non-ionizing radiation, and a new law on chemical substances. The Committee also notes the information concerning a number of other related safety and health legislation in mines that are in preparation.

The Committee hopes that the Government will soon be in a position to adopt the laws and regulations that are in preparation and to communicate to the Office copies of the adopted texts. It also hopes the Government will, in its next report, indicate in detail the provisions of national laws, regulations and other appropriate measures that apply each provision of the Convention in accordance with the report form.

The Committee is addressing a number of other points to the Government in a direct request.

[The Government is requested to report in detail in 1999.]

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee asks the Government to supply further information on the following points:

Article 4. The Committee requests the Government to provide documents and legal texts designed to formulate and implement the national policy on occupational safety and health and to keep it informed on any evolution produced in this regard.

Article 5. The Government s requested to indicate the extent to which the policy on occupational safety and health covers the main spheres of action enumerated in subparagraphs (a) to (e) of this Article.

Article 6. The Committee notes, from the Government's report, that a bill proposing to amend and supplement the Labour Code, and in particular to redefine tasks and responsibilities of the state inspection bodies and, respectively, of the employers and the workers in the area of occupational safety and health had been submitted to Parliament. The Committee hopes that this text would specify the respective functions and responsibilities in respect of occupational safety and health of public authorities, employers, workers and other interested parties giving effect to this Article. The Government is requested to provide a copy of the mentioned and all other texts specifying responsibilities of different parties in this area.

Article 8. The Committee notes from the comments supplied by the Czech-Moravian Chamber of Trade Unions that the Ministry of Labour and Social Affairs is preparing a draft law on labour health and safety. The Government is requested to provide a copy of this text after its promulgation.

Article 11. The Government is requested to provide a copy of all the texts giving effect to these provisions as well as a copy of the latest report, mentioned in the Government's report, concerning CUBP activities.

Article 12. The Committee notes, from the Government's report, that a new draft law concerning responsibility for products had been submitted by the Government in order to ensure that its use does not entail dangers for safety and health. The Government is requested to provide a copy of this text after its promulgation.

Article 15. In the absence of information in the Government's report of 1994, the Committee requests the Government to indicate: (i) what arrangements have been made to ensure the necessary coordination between the various authorities and bodies responsible for giving effect to the Convention at the national level; (ii) how and at what stage the most representative organizations of employers and workers were consulted about these arrangements; (iii) whether a central coordinating body has been established.

Articles 17 and 18. The Government is requested to indicate the legislative or other provisions whereby the employers are required to take the action called for in these Articles.

Articles 19 and 20. The Government is requested to indicate the legislative and/or practical measures taken to ensure cooperation between management and workers and/or their representatives within the undertaking in the implementation of the measures provided for in Part IV of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with interest the information provided by the Government in its first report.

1. The Committee requests the Government to provide additional information on the following points.

Article 5(d), (g), (h) and (k) of the Convention. Please specify to what extent the following functions are guaranteed by occupational health services: participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment; promotion of the adaptation of work to the workers; contribution to measures of vocational rehabilitation; participation in analysis of occupational accidents and occupational diseases.

Article 10. Please indicate the provisions made to guarantee the professional independence of the personnel in all new institutions from employers, workers and their representatives.

Article 12. The Committee notes that, according to the Government's report, the financial and economic conditions relating to the health benefits granted by occupational medical services are not completely covered by legislation. It requests the Government to indicate whether the surveillance of workers' health in relation to their work is free of charge for them in all health services, whether it involves any loss of earnings for them, and what provisions govern the financial conditions of the surveillance of workers' health.

2. The Committee notes that, according to the Government, the system of national health institutions is undergoing a period of fundamental transformation, and changes and amendments must be made to the national legislation governing the activity of occupational health services. The Committee requests the Government to indicate any progress made in this regard by specifying in particular the regulatory texts adopted which remain in force.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following points.

The Committee noted the information provided by the Government in its first report. It noted the conclusions of the First Conference on Safety of Labour and Health Protection and in particular recommendations given by this Conference to the competent authorities and central bodies of the country in order to improve the situation in the field of occupational safety and health. The Committee also noted the observations received from the Czech-Moravian Chamber of Trade Unions (CMKOS). In its comments, the CMKOS stated that no constructive state policy has been worked out in the area of occupational safety and health which would ensure compliance with the Convention. The draft document on state policy in this matter was submitted by the Ministry of Labour and Social Affairs and discussed in April 1995. According to the CMKOS the said document has not defined a basic concept of the policy, the role of the State and the role of the social partners, and did not indicate measures contemplated at the national and regional levels. The CMKOS also indicated that the representatives of employers and employees were invited to consultations concerning a draft law on occupational safety and health which is now under preparation by the Ministry of Labour and Social Affairs; but the amendments they made concerning the absence of measures at the national, regional and company levels had not been taken into account. The CMKOS also stated that the unions' role in representing employees in matters of occupational safety and health both at the national and company levels has been weakening. The Committee noted these indications. In the absence of the Government's comments on the CMKOS observations, a copy of which was sent to the Government in February 1996, the Government is requested to indicate measures taken or envisaged to formulate and implement a coherent national policy (Article 4 of the Convention). The Committee draws the Government's attention to a possibility to ask for the ILO's technical assistance on occupational safety and health matters and, in particular, for advice and information on relevant comparative experiences regarding subjects raised in these observations.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is requested to report in detail in 1998.]

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with interest the information provided in the Government's first report.

The Committee asks the Government to supply further information on the following points:

Article 4. The Committee requests the Government to provide documents and legal texts designed to formulate and implement the national policy on occupational safety and health and to keep it informed on any evolution produced in this regard.

Article 5. The Government is requested to indicate the extent to which the policy on occupational safety and health covers the main spheres of action enumerated in subparagraphs (a) to (e) of this Article.

Article 6. The Committee notes, from the Government's report, that a bill proposing to amend and supplement the Labour Code, and in particular to redefine tasks and responsibilities of the state inspection bodies and, respectively, of the employers and the workers in the area of occupational safety and health had been submitted to Parliament. The Committee hopes that this text would specify the respective functions and responsibilities in respect of occupational safety and health of public authorities, employers, workers and other interested parties giving effect to this Article. The Government is requested to provide a copy of the mentioned and all other texts specifying responsibilities of different parties in this area.

Article 8. The Committee notes from the comments supplied by the Czech-Moravian Chamber of Trade Unions that the Ministry of Labour and Social Affairs is preparing a draft law on labour health and safety. The Government is requested to provide a copy of this text after its promulgation.

Article 11. The Government is requested to provide a copy of all the texts giving effect to these provisions as well as a copy of the latest report, mentioned in the Government's report, concerning CUBP activities.

Article 12. The Committee notes, from the Government's report, that a new draft law concerning responsibility for products had been submitted by the Government in order to ensure that its use does not entail dangers for safety and health. The Government is requested to provide a copy of this text after its promulgation.

Article 15. In the absence of information in the Government's report of 1994, the Committee requests the Government to indicate: (i) what arrangements have been made to ensure the necessary coordination between the various authorities and bodies responsible for giving effect to the Convention at the national level; (ii) how and at what stage the most representative organizations of employers and workers were consulted about these arrangements; (iii) whether a central coordinating body has been established.

Articles 17 and 18. The Government is requested to indicate the legislative or other provisions whereby the employers are required to take the action called for in these Articles.

Articles 19 and 20. The Government is requested to indicate the legislative and/or practical measures taken to ensure cooperation between management and workers and/or their representatives within the undertaking in the implementation of the measures provided for in Part IV of the Convention.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its first report. It notes the conclusions of the First Conference on Safety of Labour and Health Protection and in particular recommendations given by this Conference to the competent authorities and central bodies of the country in order to improve the situation in the field of occupational safety and health. The Committee also notes the observations received from the Czech-Moravian Chamber of Trade Unions (CMKOS).

In its comments, the CMKOS states that no constructive state policy has been worked out in the area of occupational safety and health which would ensure compliance with the Convention. The draft document on state policy in this matter was submitted by the Ministry of Labour and Social Affairs and discussed in April 1995. According to the CMKOS the said document has not defined a basic concept of the policy, the role of the State and the role of the social partners, and did not indicate measures contemplated at the national and regional levels. The CMKOS also indicates that the representatives of employers and employees were invited to consultations concerning a draft law on occupational safety and health which is now under preparation by the Ministry of Labour and Social Affairs; but the amendments they made concerning the absence of measures at the national, regional and company levels had not been taken into account. The CMKOS also states that the unions' role in representing employees in matters of occupational safety and health both at the national and company levels has been weakening.

The Committee notes these indications. In the absence of the Government's comments on the CMKOS observations, a copy of which was sent to the Government in February 1996, the Government is requested to indicate measures taken or envisaged to formulate and implement a coherent national policy (Article 4 of the Convention). The Committee draws the Government's attention to a possibility to ask for the ILO's technical assistance on occupational safety and health matters and, in particular, for advice and information on relevant comparative experiences regarding subjects raised in these observations.

REQUESTS The Government is requested to report in detail in 1997. #REPORT_DATE:00:00:1997

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the information provided in the Government's report in reply to its previous General Observation. In particular, it notes the Government's indication that the Directives concerning ionising radiation are being revised in order to reflect the recommendations made by the International Commission on Radiological Protection in Publication No. 26 and that these amendments will include extraordinary measures to be taken in abnormal situations. In this regard, the Committee would refer the Government to its General Observation under this Convention, in particular paragraphs 16 to 27 concerning the limitation of occupational exposure during and after an emergency and requests the Government to indicate, in its next report, the steps taken or being considered in relation to the matters raised in paragraph 35(c) of the General Observation.

The Committee would also draw the Government's attention to the other matters raised in its General Observation on the basis of the new findings set out in the 1990 Recommendations of the International Commission on Radiological Protection. It requests the Government to indicate the measures taken to ensure the effective protection of workers in the light of current knowledge, in conformity with Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention, and to indicate the steps taken or being considered in relation to the various points raised in the conclusions to the General Observation.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the information provided by the Government in its first report. It also notes from the information provided by the Government concerning the application of ratified Conventions generally that the new health insurance system came into force on 1 January 1992 and that new legislation concerning occupational health services is in the final stage of preparation and should come into force in April of this year. The Government is requested to transmit copies of this legislation to the Office as soon as it is adopted.