Onderzoek naar de omzetting van 4 arborichtlijnen in de regelgeving van 10 lidstaten Bijlagen Tsjechië

Transcription

1 Onderzoek naar de omzetting van 4 arborichtlijnen in de regelgeving van 10 lidstaten Bijlagen Tsjechië Opdrachtgever Ministerie van Sociale Zaken en Werkgelegenheid, Den Haag Directie Arbeidsomstandigheden Maart 2008

2 Inhoud Bijlagen Tsjechië Kaderrichtlijn Richtlijn Beeldschermen Richtlijn Tijdelijke of Mobiele Bouwplaatsen Richtlijn Chemische Agentia

3 Bijlagen Tsjechië 1. Kaderrichtlijn Europese richtlijn Tsjechië Verschillen tussen de beide teksten Vereiste Beschrijving Labour code Act 309/2006

4 Scope Article 2 1.The Directive shall apply to all sectors of activity, both public and private 4

5 2. The Directive shall not be applicable where characteristics peculiar to certain specific public service activities, such as the armed forces or the police, or to certain specific activities in the civil protection services inevitably conflict with it. In that event, the safety and health of workers must be ensured as far as possible in the light of the objectives of this Directive. 5

6 Employers obligations - General provision Art 5 1. The employer shall have a duty to ensure the safety and health of workers in every aspect related to the work. 2. Where, an employer enlists competent external services or persons, this shall not discharge him from his responsibilities in this area. 3. The workers' obligations in the field of safety and health at work shall not affect the principle of the responsibility of the employer. Labour code Section 101 (1) The employer shall ensure occupational safety and health protection of employees at work with regard to risks which might endanger his employees life and health during work performance (2) The care for occupational safety and health protection, imposed on the employer by subsection (1) or other statutory provisions, forms an integral and equal part of managerial employees duties, at all levels (stages) of management, within the scope of their positions. Specfieker: de zorg voor veiligheid en gezondheid maakt integraal en onverminderd deel uit van de taken van het management 4. This Directive shall not restrict the option of Member States to provide for the exclusion or the limitation of employers' responsibility where occurrences are due to unusual and unforeseeable circumstances, beyond the employers' control, or to exceptional events, the consequences of which could not have been avoided despite the exercise of all due care. General obligations on employers Art The employer shall take the measures necessary for the safety and health protection of workers, including prevention of occupational risks and provision of information and training, as well as provision of the necessary organization and means. Labour code Section 102 (1)The employer shall create the working environment and working conditions which are safe and do not endanger employees health by organizing appropriate occupational safety and health protection and by taking measures aimed at risk prevention. (2) Risk prevention means all measures taken under statutory provisions and other regulations in order to ensure occupational safety and health protection at work and other measures taken by the employer in order to prevent or eliminate risks or to minimize the impact of risks which cannot be eliminated. 6

7 The employer shall be alert to the need to adjust these measures to take account of changing circumstances and aim to improve existing situations. LC Section 102 (3) The employer shall systematically seek out risky factors, assess processes having impact on the working environment and working conditions, identify causes and sources of risks. On the basis of these findings, the employer shall identify and assess risks, adopt measures for their elimination and implement such measures so that those types of work classified under other statutory provisions as risky can be included in a less risky category as a result of the improved working conditions and the level of decisive factors relating to work. For this purpose, the employer shall regularly check the level of occupational safety and health protection at work, in particular the condition of manufacturing machinery and working means, the availability of facilities at workplaces and the level of risky factors having the impact on the working (operating) conditions, thereby complying with the methods and procedures used for the ascertainment and assessment (evaluation) of risky factors according to implementing statutory provisions. Speciifieker : de werkgever evalueert de risico s op een systematische basis 7

8 2. The employer shall implement the measures on the basis of the general principles of prevention: LC Section 102 (4) Where risks cannot be eliminated, the employer shall assess them and take measures limiting their impact in order to minimize the danger which they pose to his employees safety and health. The said measures form an integral and equal part of the employer s activities at all management levels (stages). The employer shall keep documentation on seeking out risks, their assessment and measures taken according to the first sentence. (5) In adopting and implementing technical, technological, organizational and other risk prevention measures, the employer shall take into consideration the following general preventive principles: (a) limitation of risks at source; (b) elimination (removal) of risks at source; (c) modification of working (operating) conditions to the employees needs with a view to limiting the adverse effects of work on their health; (d) replacement of physically demanding work by new technological and work processes; (e) substitution of dangerous technologies, manufacturing equipment and working means, raw materials and other materials by less dangerous or less risky ones in accordance with the latest scientific and technological (technical) knowledge; (f) restriction of the number of employees, who are exposed to the impact of risky factors exceeding the maximum hygienic limits and exposed to other risks, to the absolute minimum number necessary for running the operations; (g) planning of risk prevention measures with regard to the application of technology, work organization, working conditions, social relations and the impact of the working environment; (h) preferential application of collective risk prevention measures as against forms of individual risk prevention measures; (i) implementation of measures aimed at limiting the leakage of harmful substances from machines and equipment; (j) reasonable instructions (orders) for the safeguarding of occupational safety and health protection at work. 1:1 8

9 3. The employer shall, taking into account the nature of the activities of the enterprise and/or establishment: (a) evaluate the risks to the safety and health of workers, inter alia in the choice of work equipment, the chemical substances or preparations used, and the fitting-out of work places. Subsequent to this evaluation and as necessary, the preventive measures and the working and production methods implemented by the employer must: - assure an improvement in the level of protection afforded to workers with regard to safety and health, - be integrated into all the activities of the undertaking and/or establishment and at all hierarchical levels; LC Section 102 (3) The employer shall systematically seek out risky factors, assess processes having impact on the working environment and working conditions, identify causes and sources of risks. On the basis of these findings, the employer shall identity and assess risks, adopt measures for their elimination and implement such measures so that those types of work classified under other statutory provisions as risky can be included in a less risky category as a result of the improved working conditions and the level of decisive factors relating to work. (4) [ ] The said measures form an integral and equal part of the employer s activities at all management levels 1:1 (b) where he entrusts tasks to a worker, take into consideration the worker's capabilities as regards health and safety; LC Section 103 The employer shall: (a) not allow his employee to do some prohibited type of work or such demanding work which is beyond the employee s capabilities and/or health condition; (b) inform the employee of the category (classification) into which his work is included; the work classification (categorization) is regulated by other statutory provisions (Note 32); (c) ensure that certain types of work specified in other statutory provisions are carried out by those employees who have the relevant health certificate and who have been vaccinated as required, or who have a document confirming their resistance against infection; (c) ensure that the planning and introduction of new technologies are the subject of consultation with the workers and/or their representatives, as regards the consequences of the choice of equipment, the working conditions and the working environment for the safety and health of workers; LC 108 a) The employer shall enable the trade union organisation or the representative for occupational safety and health] to take part in consultations on occupational safety and health or shall provide them with information about these consultations; 9

10 (d) take appropriate steps to ensure that only workers who have received adequate instructions may have access to areas where there is serious and specific danger. Niet opgenomen in de Labour Code 4. where several undertakings share a work place, the employers shall cooperate in implementing the safety, health and occupational hygiene provisions and, taking into account the nature of the activities, shall coordinate their actions in matters of the protection and prevention of occupational risks, and shall inform one another and their respective workers and/or workers' representatives of these risks. 5. Measures related to safety, hygiene and health at work may in no circumstances involve the workers in financial cost. LC Section 101 (3) Where employees of two or more employers fulfil tasks at one and the same workplace (site), their employers shall inform each other in writing of any risks and measures adopted for the purpose of risk prevention with regard to work performance at the workplace (site), and cooperate to ensure occupational safety and health for all employees at the workplace (site). On the basis of a written agreement of the employers, who are parties to such agreement, one employer authorized thereto by the agreement shall co-ordinate measures concerning employees occupational safety and health protection and relevant procedures. (4) Each of the employers referred to in subsection (3) shall: (a) ensure that his activities and his employees work is organized, coordinated and carried out in such a way that the employees of the other employers at the workplace are also concurrently protected; (b) inform, sufficiently and without delay, the trade union organization or the employees representative for occupational safety and health, and if there is none (at the employer s undertaking), directly his employees of risks and measures adopted according to the information provided by the other employers. (5) The employer s duty to ensure occupational safety and protect health at work shall also relate to all persons (individuals) who are present at his workplaces (sites) with his knowledge. (6) The costs of ensuring occupational safety and health protection shall be borne by the employer; these costs may not be transferred, directly or indirectly, to employees. 1:1 10

11 Protective and preventive services Art 7 1. The employer shall designate one or more workers to carry out activities related to the protection and prevention of occupational risks for the undertaking and/or establishment. Act 309/2006 coll. 9 (2) The employer may himself perform tasks concerning risk prevention provided if he is competent or professionally competent to do so (see futher conditions), otherwise he is required to designate these tasks to a professionally competent employee with whom he has an employment contract. If he does not have this type of employee, he is required to ensure that they are performed by another professionally competent person. A professionally competent employee of the employer and another professionally competent natural person are referred to as professionally competent persons 2. Designated workers may not be placed at any disadvantage because of their activities related to the protection and prevention of occupational risks. Designated workers shall be allowed adequate time to enable them to fulfil their obligations arising from this Directive. Act. 309/2006 Coll. 9 (4) The employer shall provide the professionally competent person performing tasks concerning risk prevention with at least the means and the time required to perform these activities,[ ] 1:1 3. If such protective and preventive measures cannot be organized for lack of competent personnel in the undertaking and/or establishment, the employer shall enlist competent external services or persons. See above 4. Where the employer enlists such services or persons, he shall inform them of the factors known to affect, or suspected of affecting, the safety and health of the workers and they must have access to the information referred to in Article 10 (2). Act. 309/2006 Coll. 9 (4) The employer shall : [ ] provide the professionally competent persons with documentation and information concerning any facts or circumstances know to him that influence or might influence an employee s safety at work or endager their health 1:1 5. In all cases: - the workers designated must have the necessary capabilities and the necessary means,. See above 11

12 - the external services or persons consulted must have the necessary aptitudes and the necessary personal and professional means, and - the workers designated and the external services or persons consulted must be sufficient in number to deal with the organization of protective and preventive measures, taking into account the size of the undertaking and/or establishment and/or the hazards to which the workers are exposed and their distribution throughout the entire undertaking or establishment 6. The protection from, and prevention of, the health and safety risks which form the subject of this Article shall be the responsibility of one or more workers, of one service or of separate services whether from inside or outside the undertaking and/or establishment. The worker(s) and/or agency(ies) must work together whenever necessary. Act. 309/2006 Coll. 10 (1) Professional competency for a natural person is expected to comprise: (2) At least secondary education with a graduation certificate (3) Professional experience of at least 3 years of 2 years if the natural person has completed tertiary professional education of 1 year if the natural person has completed university education in a bachelor or masters study programme in the field of occupational health and safety; professional experience is deemed to a period of activities performed in an area where the natural person will perform tasks concerning risk prevention or activites in the field of occupational health and safety (4) A certificate attesting that a test for professional competency has been passed (5) Recognition of professional qualifications or competency received by nationals of European Union Member States or ther family member state will be in accordance with a special legal regulation Act. 309/2006 Coll. 9 (4) The employer shall [ ] prodive a sufficient number of professionally competent persons Act. 309/2006 Coll. 9 (5) When performing tasks concerning risk prevention, the professionally competent person shall cooperate with professionally competent natural persons acting within their competence pursuant to special legal regulations, with the trades unions and with worker s representatitves with specific responsibility for occupational health and safety Specificatie van de competentieprofielen Andere bewordering Specificatie (zie hierboven) 12

13 7. Member States may define, in the light of the nature of the activities and size of the undertakings, the categories of undertakings in which the employer, provided he is competent, may himself take responsibility for the measures referred to in paragraph 1 8. Member States shall define the necessary capabilities and aptitudes referred to in paragraph 5. They may determine the sufficient number referred to in paragraph 5. Act 309/2006 coll. 9 (3) If the employer employs: up to 25 employees, he may perform the tasks concerning risk prevention himself, provided he has the necessary competency, Between 26 and 500 employees, he may perform the tasks concerning risk prevention himself, provided he has the necessary competency, or delegate them to one or more professionally competent persons, Over 500 persons, one or more professionally competent persons will always perform tasks concerning risk prevention See above Act. 309/2006 Coll. 10 Specificatie: de werkgever mag zelf de preventietaken uitvoeren indien hij over de nodige competenties beschikt en indien hij minder dan 25 werknemers tewerk stelt. Idem voor werkgevers die tot 500 werknemers tewerkstellen; hier mag de werkgever ook de taken delegeren naar bevoegde personen. Vanaf 500 werknemers moet de werkgever één of meer bevoegde personen aanduiden. 13

14 First aid, fire-fighting and evacuation of workers, serious and imminent danger Art 8 1. The employer shall: - take the necessary measures for first aid, fire-fighting and evacuation of workers, adapted to the nature of the activities and the size of the undertaking and/or establishment and taking into account other persons present, LC Section 102 (6.The employer shall adopt measures to be implemented in case of contingencies, such as serious breakdowns, fires or floods, other serious dangers and the evacuation of employees, including orders to halt work, to leave immediately the workplace (site) and to go to a safe place; when providing first aid, the employer shall co-operate with the stablishment providing occupational health care 1:1 - arrange any necessary contacts with external services, particularly as regards first aid, emergency medical care, rescue work and fire-fighting. 2.The employer shall, inter alia, for first aid, fire-fighting and the evacuation of workers, designate the workers required to implement such measures. The number of such workers, their training and the equipment available to them shall be adequate, taking account of the size and/or specific hazards of the undertaking and/or establishment. Depending on the type of activity and the workplace (site) size, the employer shall determine the necessary number of employees for organizing first aid, for calling the ambulance, the Fire Brigade of the Czech Republic, the Police of the Czech Republic, and for organizing the evacuation of employees. In co-operation with the establishment providing occupational health care, the employer shall ensure that these determined employees are trained and equipped in the scope corresponding to the degree of potential risks at the workplace (site). 3. The employer shall, a) as soon as possible, inform all workers who are, or may be, exposed to serious and imminent danger of the risk involved and of the steps taken or to be taken as regards protection; b) take action and give instructions to enable workers in the event of serious, imminent and unavoidable danger to stop work and/or immediately to leave the work place and proceed to a place of safety; c) save in exceptional cases for reasons duly substantiated, refrain from asking workers to resume work in a working situation where there is still a serious and imminent danger. LC section 102 (6) The employer shall adopt measures to be implemented in case of contingencies, such as serious breakdowns, fires or floods, other serious dangers and the evacuation of employees, including orders to halt work, to leave immediately the workplace (site) and to go to a safe place; 14

15 4. Workers who, in the event of serious, imminent and unavoidable danger, leave their workstation and/or a dangerous area may not be placed at any disadvantage because of their action and must be protected against any harmful and unjustified consequences, in accordance with national laws and/or practices LC section 106 (2) The employee has the right to refuse to do work which he reasonably considers as posing direct and significant threat to his life or health, or the lives or health of other individuals; this refusal may not be regarded as the employee s failure to fulfil his duty. 5. The employer shall ensure that all workers are able, in the event of serious and imminent danger to their own safety and/or that of other persons, and where the immediate superior responsible cannot be contacted, to take the appropriate steps in the light of their knowledge and the technical means at their disposal, to avoid the consequences of such danger Various obligations on employers Art 9 1. The employer shall: (a) be in possession of an assessment of the risks to safety and health at work, including those facing groups of workers exposed to particular risks; LC Section 102 (4) [ ] The employer shall keep documentation on seeking out risks, their assessment and measure taken [ ] 1:1 (b) decide on the protective measures to be taken and, if necessary, the protective equipment to be used; LC Section 102 (3) The employer shall [ ] adopt measures for their elimination [risks] (c) keep a list of occupational accidents resulting in a worker being unfit for work for more than three working days; LC Section 105 (2) The employer shall keep a book of injuries in which all injuries will be entered, including those which did not cause any temporary incapacity for work or which caused temporary incapacity for work not exceeding three days (3) The employer shall draw up records of industrial injuries and keep documentation on all industrial injuries which resulted in : - an employee s injury due to which the employee was on sickness leave for a period longer than three days; - an employee s death Bijkomend: alle incidenten en ongevallen worden gedocumenteerd in een letselregister. 15

16 (d) draw up, for the responsible authorities and in accordance with national laws and/or practices, reports on occupational accidents suffered by his workers. LC Section 105 (4) The employer shall notify of an industrial injury, and send a record of such injury to, the competent agencies and institutions. 1:1 2. Member States shall define, in the light of the nature of the activities and size of the undertakings, the obligations to be met by the different categories of undertakings in respect of the drawing-up of the documents. Worker information Art 10 The employer shall take appropriate measures so that workers and/or their representatives in the undertaking and/or establishment receive, all the necessary information concerning the safety and health risks and protective and preventive measures. LC Section 108 (1) The employee is entitled to the safeguarding of his occupational safety and health, to receive the information on the risks which his work entails and the information on measures having been taken as a prevention (protection) against the effects of such risks; the information must be comprehensible for the employee. 2. The employer shall take appropriate measures so that employers or workers from any outside undertakings and/or establishments engaged in work in his undertaking and/or establishment receive adequate information concerning the risks for health and safety LC Section 101 (3) [Where employees of two or more employers fulfil tasks at one and the same workplace (site), their employers shall inform each other in writing of any risks and measures adopted for the purpose of risk prevention with regard to work performance at the workplace (site),] 1:1 16

17 3. The employer shall take appropriate measures so that workers with specific functions in protecting the safety and health of workers, or workers' representatives with specific responsibility for the safety and health of workers shall have access, to carry out their functions to: (a) the risk assessment and protective measures (b) the list and reports about occupational accidents (c) the information yielded by protective and preventive measures, inspection agencies and bodies responsible for safety and health. LC Section 108 The employer shall enable the trade union organization or representative for occupational safety and health or directly his employees: to consult : - substantial measures concerning occupational safety and health; - the evaluation of risks, adoption and implementation of measures to reduce their effects, work performance in risk-monitored areas and allocation of jobs into categories in accordance with other statutory provisions 1:1 17

18 Consultation and participation of workers Art Employers shall consult workers and/or their representatives and allow them to take part in discussions on all questions relating to safety and health at work. This presupposes: - the consultation of workers, - the right of workers and/or their representatives to make proposals, - balanced participation 2. Workers or workers' representatives with specific responsibility for the safety and health of workers shall take part in a balanced way, or shall be consulted in advance and in good time by the employer 3. Workers' representatives with specific responsibility for the safety and health of workers shall have the right to ask the employer to take appropriate measures and to submit proposals to him to that end to mitigate hazards for workers and/or to remove sources of danger. LC Section 108 1) Employees shall take part in the solution of occupational safety and health issues through their trade union organization or their representative for occupational safety and health. (2) The employer shall enable the trade union organization or the representative for occupational safety and health or directly his employees: (a) to take part in consultations on occupational safety and health or shall provide them with the information about these consultations; (b) to present information, comments and proposals for taking measures concerning occupational safety and health, in particular proposals for the elimination of risks or restriction of their effects if such risks cannot be eliminated; (c) to consult 1. substantial measures concerning occupational safety and health, 2. the evaluation (assessment) of risks, adoption and implementation of measures to reduce their effects, work performance in risk-monitored (riskcontrolled) areas and allocation of jobs into categories in accordance with other statutory provisions (Note 38), 3. the organizing of training courses on statutory provisions and other regulations aimed at safeguarding occupational safety and health, 4. the determination of a qualified person (individual) to deal with risk prevention in accordance with other statutory provisions. (3) The employer shall further inform the trade union organization or occupational safety and health representative or directly his employees of: (a) those employees determined to organize providing first aid, calling medical assistance (ambulance), the Fire Brigade and the Police of the Czech Republic and to organize the evacuation of employees; (b) the selection and provision of occupational health care; (c) the determination of a qualified person to deal with risk prevention in accordance with other statutory provisions; (d) any other matter which may have a substantial impact on occupational safety and health. (4) The trade union organization or occupational safety and health representative or the employees shall co-operate with the employer and persons qualified to deal with risk prevention so that the employer can safeguard safe and non-hazardous working conditions (to the employees health) and meet all duties prescribed by other statutory provisions and measures taken by authorities (agencies) concerned with the supervision (inspection) of occupational safety and health under other statutory provisions (Note 36). (5) The employer shall organize at least once a year checks on occupational safety and health at all workplaces and facilities of his undertaking, acting thereby in agreement with the trade union organization or the employees representative for occupational safety and health, and rectify any ascertained irregularities. Specificatie van de onderwerpen die tijdens het overleg worden behandeld 4. The workers referred to in paragraph 2 and the workers' EU arborichtlijnen MKB minder representatives belasten referred to in paragraphs 2 and 3 may not be Maart 2008 Pagina /63 placed at a disadvantage because of their respective activities referred to in paragraphs 2 and 18

19 6. Workers and/or their representatives are entitled to appeal to the authority responsible for safety and health protection at work if they consider that the measures taken and the means employed by the employer are inadequate for the purposes of ensuring safety and health at work. Workers' representatives must be given the opportunity to submit their observations during inspection visits by the Training of workers Art. 12 competent authority. 1. The employer shall ensure that each worker receives adequate safety and health training, in particular in the form of information and instructions specific to his workstation or job - on recruitment,, - in the event of a transfer or a change of job, - in the event of the introduction of new work equipment or a change in equipment, - in the event of the introduction of any new technology,. The training shall be: - adapted to take account of new or changed risks, and - repeated periodically if necessary. 2. The employer shall ensure that workers from outside undertakings and/or establishments engaged in work in his undertaking and/or establishment have in fact received appropriate instructions regarding health and safety risks during their activities in his undertaking and/or establishment LC Section 103 (2) The employer shall ensure staff training on statutory provisions and other regulations on occupational safety and health protection, the knowledge of which supplements the employees vocational prerequisites for performance of the type of work they are engaged in and which relate to risks that the employees may encounter at workplaces where their work is carried out ; [ ] The training shall be arranged when an employee takes up his employment and further: - on change of a working position, type of work; - on introduction of a new technology or on change of production equipment and working means or on change of technological or work processes (procedures); - in those cases which have or might have a substantial impact on occupational safety and health LC Section 103 (3) The employer shall determine content and frequency of staff training regarding the statutory provisions and other regulations with the view of safeguarding occupational safety and health protection at work, the manner of checking the employees knowledge (of said statutory provisions and other regulations) and the keeping of records of (documentation on) such staff trainings. Where the nature of the risk involved or its gravity so requires, the staff training must be regularly repeated LC Section 103 (1) g) [The employer shall] ensure that another employer s employees performing work at his workplaces are provided with suitable and adequate information and guidelines on occupational safety and health protection and on relevant measures, in particular those concerning getting a fire under control, providing first aid and evacuating individuals (natural persons) in case of contingencies (extraordinary events) ; Specificatie: de opleiding van de werknemers moet betrekking hebben op de wet- en regelgeving Bijkomend: de kennis van de werknemers dient getest te worden en de werkgever dient een gedocumenteerd verslag op te maken van de opleidingen. Specificatie: specifieke aandacht in de informatieoverdracht aan brandbestrijding, maatregelen voor eerste hulp en redding. 19

20 3. Workers' representatives with a specific role in protecting the safety and health of workers shall be entitled to appropriate training LC Section 108 (6) The employer shall arrange training for the trade union organization and the employees representative for occupational safety and health to enable them the proper exercise of their function, and he shall also make available to them theascertained irregularities. 1:1 4. The training referred to in paragraphs 1 and 3 may not be at the workers' expense or at that of the workers' representatives The training referred to in paragraph 1 must take place during working hours The training referred to in paragraph 3 must take place during working hours or in accordance with national practice either within or outside the undertaking and/or the establishment. Niet opgenomen in de Labour Code Niet opgenomen in de Labour Code Niet opgenomen in de Labour Code 20