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

Occupational Health Services Convention, 1985 (No. 161) - Czechia (Ratification: 1993)

The Committee notes the observations of the Czech-Moravian Confederation of Trade Unions (ČMKOS), communicated with the Government’s report.

Article 5(g) and (h) of the Convention. Adaptation of work to the worker. Vocational rehabilitation. With reference to its previous request concerning the measures adopted to give effect to these provisions, the Committee notes that, pursuant to section 57(d), (e) and (f) of Act No. 373/2011 Coll. on specific health services, occupational health service providers contribute to the adoption of measures for the adaptation of work to the workers. However, the Committee notes that the Government does not provide any information on the measures taken or envisaged in law and practice to ensure that occupational health services contribute to vocational rehabilitation. The Committee requests the Government to provide information in this regard.

Article 5(a) and (f). Identification and assessment of the risks and surveillance of workers’ health. The Committee notes the observations of ČMKOS concerning: (a) the non-application in practice of the Convention regarding the regular identification and assessment of the risks from health hazards in the workplace, including the non-implementation of Annex 1 of Decree No. 79/2013 Coll. on the implementation of certain provisions of Act No. 373/2011 Coll. on specific health services, regarding minimum time requirements for securing the control; and (b) the incompatibility between the conclusions of workers’ health assessments conducted by a specialist, pursuant to Act No. 373/2011 Coll., and the requirements of Act No. 262/2006 Coll., the Labour Code, as amended, regarding the reasons for terminating an employment contract. The Committee notes that, pursuant to section 57(c), (e), (f) and (g) of Act No. 373/2011 Coll. on specific health services, occupational health service providers are under the obligation to conduct regular assessments of working conditions at the workplace. The Committee also notes the Government’s indication that public health authorities continue to focus on securing the provision of occupational health services. The Government indicates that in 2014, a total of 11,134 inspections were conducted in this respect and found 1.3 per cent of employers fully non-compliant, compared to 2 per cent in 2010. Concerning medical check-ups, the Government indicates that the minimum time requirement for the provision of occupational health services include not only the actual medical care, but also the related administrative tasks. Furthermore, the Committee notes the Government’s indication that the incompatibility between certain provisions of Act No. 373/2011 Coll. on specific health services and Act No. 262/2006 Coll., the Labour Code, as amended, should be addressed by the amendment to Act No. 373/2011 Coll. prepared in cooperation between the Ministry of Health and the Ministry of Labour and Social Affairs. The Committee requests the Government to continue providing information on the measures taken or envisaged to address this issue, and to provide a copy of the amendment to Act No. 373/2011 Coll. once it is adopted.

Article 10 of the Convention. Professional independence. The Committee notes the indications provided by the Government in reply to the observations of ČMKOS concerning the independence of health service providers. The Committee notes in this regard that, pursuant to section 58a(a) and (b) of Act No. 373/2011 Coll. on specific health services, the employer authorized to provide occupational medical services at the workplace has the obligation to ensure the professional independence of a medical doctor with specialized qualifications in occupational health or a general practitioner, as well as other care professionals involved in the provision of occupational medical services under an employment relationship. The Committee takes note of this information.

Article 11 of the Convention. Qualifications of the personnel providing occupational health services. The Committee notes the indications provided by the Government in reply to its previous request concerning the qualifications of the personnel providing health services, namely specialized qualifications in occupational medicine or in the field of general practice, pursuant to sections 54(1)(a) and (b) and 58a of Act No. 373/2011 Coll. on specific health services. The Government indicates that occupational health services have traditionally been provided by general practitioners, as their programme of studies requires theoretical knowledge and practical skills, including in the area of occupational safety and health, such as the evaluation of the capacity to work, of occupational risks and diseases, and of the impact of working conditions on workers’ health. The Committee takes note of this information.