Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (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.