Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (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 repeal, and replacing of Act No. 65/1965 Coll., Employment Act, by Act No. 262/2006 Coll., Labour Code, as amended; the adoption of Act No. 309/2006 Coll., stipulating 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 (Act on Further Requirements on Occupational Health and Safety) as amended; the amendment of Act No. 174/1968 Coll., on state professional supervision of occupational safety, by Acts Nos 189/2008 Coll. and 223/2009 Coll.; the repeal, and replacing of Government Regulation No. 178/2001, by Government Regulation No. 361/20070 Coll., laying down conditions for employee health protection at work, as amended; and the repeal, and replacing of Government Regulation No. 502/2000 Coll., by Government Regulation No. 148/2006 Coll., on protection of health against the negative impacts of noise and vibrations. The Committee also notes the information provided which appears to give further effect to Articles 5(4), 11(4) and 12 of the Convention. The Committee asks the Government to continue to provide information on the relevant measures undertaken with regard to the Convention.

Article 8(2) and (3) of the Convention. Establishing criteria for determining hazards. The Committee notes the information which indicates that Government Regulation No. 361/2007 provides for specific health protection concerning work with chemical substances that are carcinogenic or mutagenic, working processes with chemical carcinogenicity risks, work with substances toxic to reproduction, lead, asbestos, fibrogeneous and other dust, and stipulates admissible exposure limits and permitted maximum exposures to chemicals for approximately 350 substances and more than 50 types of dust. The Government indicates that it further regulates methods of measuring and evaluating inhalation exposure to chemicals, and measuring of inhalable and respirable fractions of particulate matters and asbestos; and regulates situations where two or more substances impact on the same organ system. The Committee asks the Government to indicate the measures taken or envisaged, in law and in practice, to ensure that the competent authority takes into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned, in the elaboration of the criteria and the determination of the exposure limits (Article 8(2)); and that the criteria and exposure limits shall be established, supplemented and revised regularly in the light of current national and international knowledge and data (Article 8(3)).

Article 11(3). Workers’ right to alternative employment and to maintain their income. The Committee notes the information indicating that the repeal of Act No. 65/1995 Coll., Labour Code, has resulted in a slight amendment under Act No. 262/2006 Coll., regarding application of this Article, namely that the employer is obliged to transfer an employee to alternative work, if, according to a medical certificate issued by an occupational health care establishment or under a ruling of the competent administrative authority having reviewed the medical certificate, the employee has lost, long term, their capability to perform the works. The Committee asks the Government to provide further information on measures taken or envisaged to ensure that workers, for whom no alternative employment can be provided, can maintain their income, either through social security measures or otherwise.

Part IV of the report form and Article 16(b) of the Convention. Labour inspection and application of the Convention in practice. The Committee notes the information provided by the Government, which indicates that the public health protection authority inspectorate monitors 445,964 employees performing works evaluated as risky within the meaning under section 39 of Act No. 258/2000 Coll., Public Health Protection Act, including work containing risks of occupational disease or other work-related disease. The Committee welcomes the statistical information provided by the Government, disaggregated by gender, which indicates that in 2009 the public health authorities undertook 27,248 inspections and that significant exposures in cases of employees performing works classified in risk categories 2R, 3 and 4 included: 29,319 employees (including 9,735 women) exposed to chemicals; 263,681 employees (including 40,459 women) exposed to noise; 65,768 employees (including 3,150 women) exposed to vibrations; 70,715 employees (including 10,275 women) exposed to dust; and in cases of employees performing works classified under the non-risk category 2 included: 203,012 employees (including 92,281 women) exposed to chemicals; 521,164 employees (including 141,664 women) exposed to noise; 131,296 employees (including 12,122 women) exposed to vibrations; and 218,546 employees (including 42,535 women) exposed to dust. The Committee asks the Government to continue to provide information on the application of the Convention in practice.