Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (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.