Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Occupational Safety and Health Convention, 1981 (No. 155) - Czechia (Ratification: 1993)

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.]