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

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

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 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.

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.]

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.

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.

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.

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