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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.155 and C.187, C.161 and C.115

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos. 115 (radiation protection), 155 (OSH), 161 (occupational health services), 176 (safety and health in mines) and 187 (promotional framework for OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No.155)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

• Action at the national level

Article 2(3) of Convention No. 187. Measures to ratify relevant OSH Conventions. Following its previous comment, the Committee notes the Government’s statement in its report that it does not have further information regarding the possible ratification of other OSH conventions. The Committee requests the Government to provide information on any measures envisaged to consider measures that could be taken to ratify relevant OSH conventions in the future.

• National policy

Article 3 of Convention No. 187; Articles 4 and 7 of Convention No. 155. National policy and periodic review. Consultation of the social partners. Following its previous comment, the Committee notes the Government’s indication that the National OSH Policy adopted in 2003 has been continuously updated since, serving as the basis for the biennial national programme. The Government Council on OSH was established in 2003 as the tripartite advisory body for the assessment, review and implementation of the National OSH Policy. Basic priorities and objectives of the National OSH Policy include the prevention of occupational hazards, identification, assessment and management of occupational risks, protection of specific vulnerable groups and education and training, among others. The Committee notes the Government’s information which addresses its previous request.

• National system

Article 4(3)(e) of Convention No. 187. Research. The Committee notes that research and development is one of the basic priorities identified by the National OSH Policy and the National OSH Action Programme (2019–20). The Committee requests the Government to provide further information on the measures taken to implement National OSH Actions Programmes in this regard, in accordance with the targets and indicators determined, including those to ensure sufficient resources and personnel for relevant research institutes.

Article 4(3)(g) of Convention No. 187. Collaboration with insurance and social security schemes covering occupational injuries and diseases. Following its previous comment, the Committee notes the Government’s indication that compensation for industrial accidents and occupational diseases is regulated in the Labour Code (sections 269–275) and in the Civil Code (sections 2894–2971), and that subsequent legislative and technical changes have been made in a number of other legal provisions and regulation since 2015. The Committee requests the Government to provide further information on the role of insurance and social security systems in the compensation related to occupational accidents by virtue of relevant provisions of the Labour Code and the Civil Code, and to provide information on collaboration between the compensation system and authorities responsible for OSH.

Article 4(3)(h) of Convention No. 187. Mechanisms for the progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and in the informal economy. Following its previous comment, the Committee notes the Government’s information on measures taken for the progressive improvement of OSH in SMEs, in particular regarding informative and consultative activities. The Government indicates that such activities have increased knowledge of OSH good practice guidelines, as well as procedures leading to the optimization of working conditions and a safe working environment, without compromising the performance of work. These initiatives have helped SMEs both to cope with the obligations arising from their legal responsibilities and to take preventive measures. The Committee notes the Government’s information which addresses its previous request.

• National programme

Article 5(2)(d) of Convention No. 187. Targets and indicators for monitoring progress and the review of national programmes on OSH. The Committee notes the Government’s indication that, based on the National Policy, the National OSH Action Programme is prepared by the Government Council for the OSH with the participation of social partners and submitted to the Government for adoption every two years. Specific medium-term and short-term tasks are part of each National OSH Action Programme. The Committee also notes that the most recent Programme available online is for the period of 2019–20 and is divided into seven basic priorities: (i) ensuring the financing of the OSH system; (ii) prevention of occupational health risks; (iii) Occupational medical services; (iv) rehabilitation after work-related accidents and occupational diseases; (v) safety and health protection of children, pupils and students; (vi) research and development; and (vii) education, awareness and promotion. The Committee requests the Government to provide information on the National OSH action programmes adopted since the 2019–20 programme. It requests the Government to provide information on the results of the evaluation of the most recent Programme, including whether the targets have been met in accordance with the timelines set, the challenges and good practices identified, as well as how such results contribute to the formulation of the National OSH Action Programme for the next period.

Occupational Health Services Convention, 1985 (No. 161)

Article 5(h) of the Convention. Vocational rehabilitation. Following its previous comment, the Committee notes the Government’s indication regarding measures to create optimal conditions for the inclusion of persons with disabilities in the labour market, within the framework of the National Plan for the Promotion of Equal Opportunities for Persons with Disabilities 2021–25. It also notes the Government’s reference to section 80 of Act No. 435/2004 on employment regarding cooperation between occupational health services and employers in relation to the individual adaptation of workplaces for persons with disabilities. The Committee further notes that Decree No. 79/2013 Coll. was amended by Decree No. 452/2022 Coll. to delete provisions regarding counselling for vocational rehabilitation as a function of occupational health services from section 2(b) of that Decree. The Committee requests the Government to provide further information on any measures taken or envisaged in law and practice to ensure that occupational health services contribute to the vocational rehabilitation of workers.

Article 5(f). Surveillance of workers’ health. Following its previous comment, the Committee notes the Government’s indication that the Amendment to Act No. 373/2011 Coll. on specific health services (Act No. 202/2017) resulted in changes in relation to the provision of occupational health services, by simplifying procedures for issuing medical assessments, and reducing the administrative and economic burden for persons involved, including employees, jobseekers and employers, as well as health service providers. In addition, the Government indicates that allowing the provision of occupational health services by a provider other than the one contracted by the employer increases the supply of these services, while simplifying access to these services for the employers concerned. The Government further indicates that the new legislation enables employer to fulfil their legal obligation to ensure the provision of occupational health services to their employees. The Committee notes the Government’s information which addresses its previous request.

• Protection in specific branches of activity

Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. National policy on safety and health in mines. The Committee notes the Government’s indication that the State Mining Administration carries out a regular annual evaluation of the OSH situation in the mining sector and produces an annual report. It also notes that, as provided for by section 40(6)(a) of Act No. 61/1988 Coll. on mining activities, explosives and the State Mining Administration, the State Mining Administration develops an OSH policy in consultation with social partners. The Committee requests the Government to provide information on how section 40(6)(a) of Act No. 61/1988 Coll. is implemented in practice regarding the development of an OSH policy in mining sector in consultation with social partners.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 6(2) and 7. Appropriate levels for workers under the age of 18. Review of permissible doses in the light of current knowledge. The Committee previously noted that workers younger than 18 years were prohibited from working with sources of ionizing radiation, except for persons aged between 16 and 18 years of age for the sole purpose of vocational training (section 5(1)(e) and 5(4)(d) of Decree No. 180/2015). It noted in this respect that section 21(1) of Decree No. 307/2002 set the maximum permissible doses for apprentices and students aged between 16 and 18 as follows: an effective dose of 6 mSv in a year, the equivalent dose to the lens of the eye of 50 mSv in a year, and an equivalent dose for the skin area of 150 mSv in a year. The Committee requested the Government to provide information on measures taken to reduce the equivalent dose to the lens of the eye from 50 mSv per year to 20 mSv per year for workers aged between 16 and 18. In this respect, the Committee notes with interest that section 5(3) of Decree No. 422/2016 Coll. provides that, for pupils and students between 16 and 18 years of age who have to work with a source of ionising radiation during their studies, the dose limit for the lens of the eye has been reduced to an equivalent dose of 15 mSv. The Committee notes the Government’s information which addresses its previous request.

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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 5(g) and (h). Adaptation of work and vocational rehabilitation. The Committee notes that the Government has not provided a specific response to the comments previously raised by the Committee under this Article. The Committee therefore reiterates its request that the Government indicate the measures taken or envisaged, in law and in practice, to ensure that occupational health services promote the adaptation of work to the worker, in accordance with Article 5(g); and contribute to measures of vocational rehabilitation, outside of the measures taken regarding handicapped persons, in accordance with Article 5(h).

Application in practice. The Committee notes the information provided by the Government indicating that public health protection authorities continuously carry out supervision of occupational preventive health care and that occupational health care services have improved and the relevant trend remains positive. The Government indicates that according to supervisory findings in 2009, full occupational preventive health-care services were provided for 65 per cent of employers, while a total lack of occupational preventive health care was only recorded for 2 per cent of employers, compared to 2.5 per cent in 2008. The Committee notes the information that improvements in occupational health care services have also been supported by the creation of numerous private health care facilities providing occupational health care within an extent corresponding to the Convention. The Committee asks the Government to continue to provide information on the application of the Convention in practice.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 10 of the Convention. Professional independence. The Committee notes the response provided by the Government which indicates that providers of occupational health care are independent from employers and that currently the care provided is almost entirely based on a contractual relationship between the employer and the occupational health-care provider. The Committee notes the comments by the Czech-Moravian Confederation of Trade Unions (CMKOS), included in the Government’s report, which state that there are health-care institutions which still use their own employees (doctors) for occupational health purposes and their independence is thus compromised. The Committee notes the Government’s response thereto, which indicates that the comments by CMKOS were discussed at the tripartite Working Group for the Cooperation with the ILO of the Council of Economic and Social Agreement on 18 October 2010, and it was agreed that a special sitting of the Working Group (with the expert participation from the side of the Government, as well as of the social partners) will be dedicated, in the near future, to the issue of occupational health services, as well as the White Lead (Painting) Convention, 1921 (No. 13). The Committee asks the Government to continue to provide information on the measures taken or envisaged to ensure that the personnel providing occupational health services enjoy full professional independence from employers, workers, and their representatives, where they exist, in relation to the functions listed in Article 5, with reference to the comments by CMKOS; and to provide further information on the outcome of the abovementioned tripartite working group.

Article 11. Qualifications required for personnel providing occupational health services. The Committee notes the response provided by the Government, which indicates that, in addition to occupational health-care specialists, occupational health-care services are also provided by general practitioners. The Government indicates that the Institute of Healthcare Post-Graduate Education organizes training for general practitioners targeted at occupational health-care issues through courses covering 150 hours of lectures. The course is concluded by examinations and tests, after the passing of which the graduate receives a certificate. CMKOS admits that although new legislation has introduced specific provisions for education of medical doctors and nurses specializing in occupational health, these services are, in practice, usually carried out by general practitioners, and that the reform of the national health legislation has not been realized yet. The Committee notes the response above by the Government to the comments by CMKOS. The Committee asks the Government to continue to provide information on the qualifications required for the personnel providing occupational health services, with reference to the comments by CMKOS; and to indicate whether general practitioners, who undertake a role in occupational health care, do not do so until they are certified in such duties.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Further to its observation, 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., Labour Code, by Act No. 262/2006 Coll., Labour Code, which came into effect on 1 January 2007; the amending of Act No. 258/2005 Coll., on public health protection, by Act No. 392/2005 Coll.; the repeal, and replacing of Government Regulation No. 178/2001 Coll., by the Government Regulation No. 361/2007 Coll., stipulating conditions of occupational health protection; and the adoption of a new Government Regulation No. 31/2010 Coll., on specialized education branches and professional specifications for health workers with special qualifications and Decree No. 185/2009 Coll., on specialization areas in the education of physicians, dentists, and pharmacists, and on the study areas of certified courses. The Committee further notes the information provided on the measures taken to ensure occupational health services fulfil their functions according to the requirements under Article 5 of the Convention. The Committee asks the Government to continue to provide information on relevant measures undertaken with regard to the Convention.

Article 5(g) and (h). Adaptation of work and vocational rehabilitation. The Committee notes that the Government has not provided a specific response to the comments previously raised by the Committee under this Article. The Committee therefore reiterates its request that the Government indicate the measures taken or envisaged, in law and in practice, to ensure that occupational health services promote the adaptation of work to the worker, in accordance with Article 5(g); and contribute to measures of vocational rehabilitation, outside of the measures taken regarding handicapped persons, in accordance with Article 5(h).

Part VI of the report form. Application of the Convention in practice. The Committee notes the information provided by the Government indicating that public health protection authorities continuously carry out supervision of occupational preventive health-care and that occupational health-care services have improved and the relevant trend remains positive. The Government indicates that according to supervisory findings in 2009, full occupational preventive health care services were provided for 65 per cent of employers, while a total lack of occupational preventive health-care was only recorded for 2 per cent of employers, compared to 2.5 per cent in 2008. The Committee notes the information that improvements in occupational health-care services have also been supported by the creation of numerous private health-care facilities providing occupational health-care within an extent corresponding to the Convention. The Committee asks the Government to continue to provide information on the application of the Convention in practice.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 10 of the Convention. Professional independence. The Committee notes the response provided by the Government which indicates that providers of occupational health care are independent from employers and that currently the care provided is almost entirely based on a contractual relationship between the employer and the occupational health-care provider. The Committee notes the comments by the Czech-Moravian Confederation of Trade Unions (CMKOS), included in the Government’s report, which state that there are health-care institutions which still use their own employees (doctors) for occupational health purposes and their independence is thus compromised. The Committee notes the Government’s response thereto, which indicates that the comments by CMKOS were discussed at the tripartite Working Group for the Cooperation with the ILO of the Council of Economic and Social Agreement on 18 October 2010, and it was agreed that a special sitting of the Working Group (with the expert participation from the side of the Government, as well as of the social partners) will be dedicated, in the near future, to the issue of occupational health services, as well as the White Lead (Painting) Convention, 1921 (No. 13). The Committee asks the Government to continue to provide information on the measures taken or envisaged to ensure that the personnel providing occupational health services enjoy full professional independence from employers, workers, and their representatives, where they exist, in relation to the functions listed in Article 5, with reference to the comments by CMKOS; and to provide further information on the outcome of the abovementioned tripartite working group.

Article 11. Qualifications required for personnel providing occupational health services. The Committee notes the response provided by the Government, which indicates that, in addition to occupational health-care specialists, occupational health-care services are also provided by general practitioners. The Government indicates that the Institute of Health Care Post-Graduate Education organizes training for general practitioners targeted at occupational health-care issues through courses covering 150 hours of lectures. The course is concluded by examinations and tests, after the passing of which the graduate receives a certificate. CMKOS admits that although new legislation has introduced specific provisions for education of medical doctors and nurses specializing in occupational health, these services are, in practice, usually carried out by general practitioners, and that the reform of the national health legislation has not been realized yet. The Committee notes the response above by the Government to the comments by CMKOS. The Committee asks the Government to continue to provide information on the qualifications required for the personnel providing occupational health services, with reference to the comments by CMKOS; and to indicate whether general practitioners, who undertake a role in occupational health care, do not do so until they are certified in such duties.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Further to its observation, the Committee notes the information in the Government’s report, including information in response to questions raised in its previous comments, including regarding Article 5, paragraph (k). It also notes the information concerning the adoption of several pieces of new legislation relevant in this context, including Act No. 258/2000, on public health and Decree No. 424/2004 stipulating activities of health-services employees and other specialized employees. The Committee requests the Government to provide a copy of this legislation and additional information on the following issues.

2. Article 5, paragraph (g) and (h). Adaptation of work and vocational rehabilitation. The Committee notes the Government’s reference in this context to section 80 of Act No. 435/2004 providing for measures to ensure the insertion of handicapped persons. The Committee notes that provisions in Article 5, paragraph (h), of the Convention applies to all workers, not only handicapped persons and that the report is silent on provisions that provide for the adaptation of work and vocational rehabilitation for all workers. The Committee requests the Government to provide information in this regard.

3. Part III of the report form. The Committee notes that the report is silent on the special provisions adopted under section 138 of the Labour Code regulating specialized state supervision of occupational safety and health and on whether the former regulations are still in force. The Committee therefore renews its requests to the Government to provide a copy of these regulations and to state whether the former regulations are still in force.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the detailed information supplied by the Government in its report and information on the adoption of several new pieces of legislation including Act No. 155/2000 to amend the Labour Code, Act No. 95/2004 on terms of acquisition and recognition of professional qualifications, as well as Act No. 96/2004 on terms of acquisition and recognition of non-medical occupations and Decree No. 424/2004 stipulating activities of the health-services employees, and introducing a new specialization - nurse for occupational health care. The Committee also notes the observations of the Czech-Moravian Confederation of Trade Unions (CMKOS), included in the Government’s report.

2. Article 5 of the Convention. Occupational health services. The Committee notes that, according to the CMKOS, no measures have been taken to address the problems related to the general shortage of occupational health physicians, and that, as a result, occupational health physicians do not take part in the development of programmes for the improvement of work practices, the testing and evaluation of health aspects of new equipment. The CMKOS also indicates the requirement in Act No. 155/2000 that employers should refer workers to medical establishments for the provision of occupational health services, including vaccinations and preventive medical examinations required by their function cannot be fulfilled by most employers. Noting that the Government does not provide any further information on this issue, the Committee requests the Government to indicate measures taken or envisaged to ensure that the occupational health services in the country are able to fulfil their functions according to this Article.

3. Article 10. Professional independence. The Committee notes that the CMKOS considers that the provisions requiring that occupational health services should be professionally independent are not fully applied in practice. In their view, the fact that the medical centres at enterprises employ their own physicians to perform occupational care compromises the independence of the occupational health services. Noting that the Government does not provide any further information on this issue, the Committee requests the Government to indicate measures taken or envisaged to ensure the professional independence of occupational health physicians.

4. Article 11. Qualifications required for personnel providing occupational health services. The Committee notes the Government’s reference to new legislation in this area, including Acts Nos. 95/2004 and 96/2004, concerning qualification requirements for occupational health physicians and nurses respectively. The Committee also notes the statement by CMKOS that this new legislation is not adequately applied in practice, as occupational health services, when performed, are often performed by general practitioners. The Committee requests the Government to indicate measures taken or envisaged to ensure a full application in practice of this Article of the Convention.

5. The Committee is raising certain other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its last report to the effect that section 133 of the Labour Code has been amended in order to set out employers’ obligations in the area of health and safety. The Committee recalls that in its first report on this Convention, received in 1994, the Government stated that there had been a fundamental transformation of the whole health system. It also indicated that Act No. 550/1991 abolished the Instruction of the Ministry of Health concerning the organization of enterprise health services. It further stated that new legislation was under preparation. The Committee therefore renews its request to the Government to provide as soon as possible copies of the laws or regulations in force which give effect to the provisions of the Convention.

The Committee notes the information concerning Articles 10 and 12 of the Convention. It draws the Government’s attention to the following points.

Article 5, paragraphs (d), (g), (h) and (k). The Committee notes that, according to the Government, Act No. 20/1966 on People’s Health Care covers occupational health services. This Act describes briefly the role of occupational health services. The Committee also notes that apart from the medical centres of a few big companies, there is a general shortage of physicians specializing in occupational health services. Furthermore, these services are currently provided by general practitioners, who perform only preventive medical examinations. They participate only to a minor extent, if at all, in the development of programmes for the improvement of working practices, testing and evaluation of the health aspects of new equipment. The Committee notes that, according to the Government, the same applies to the provisions of the Convention on the adaptation of work to the worker, vocational rehabilitation measures, and analysis of occupational accidents and diseases. The Committee asks the Government to keep the Office informed of any improvements in this area and to report on any measures taken to ensure that occupational health services carry out the following functions: participation in the development of programmes for the improvement of working practices as well as testing and evaluation of the health aspects of new equipment; promotion of the adaptation of work to the workers; contribution to measures of vocational rehabilitation; participation in analysis of occupational accidents and occupational diseases.

The Government indicates in its report that the obligation to ensure occupational health services is based on the provisions of the People’s Health Care Act, No. 20/1966, and that work is in progress on a new health-care Act in which the subject of occupational health services will be covered in full conformity with EC legislation and Convention No. 161. The Committee asks the Government to keep the Office informed of progress made in this regard and to provide a copy of the new Act once it is adopted.

Part III of the report form. The Committee notes that section 138 of the Labour Code provides for specialized state supervision of occupational safety and health which shall be regulated by special provisions. It asks the Government to provide a copy of these regulations and to state whether the former regulations are still in force.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1.  The Committee requests the Government to provide additional information on the following points.

  Article 5(d), (g), (h) and (k) of the Convention.  Please specify to what extent the following functions are guaranteed by occupational health services: participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment; promotion of the adaptation of work to the workers; contribution to measures of vocational rehabilitation; participation in analysis of occupational accidents and occupational diseases.

  Article 10.  Please indicate the provisions made to guarantee the professional independence of the personnel in all new institutions from employers, workers and their representatives.

  Article 12.  The Committee notes that, according to the Government’s report, the financial and economic conditions relating to the health benefits granted by occupational medical services are not completely covered by legislation. It requests the Government to indicate whether the surveillance of workers’ health in relation to their work is free of charge for them in all health services, whether it involves any loss of earnings for them, and what provisions govern the financial conditions of the surveillance of workers’ health.

2.  The Committee notes that, according to the Government, the system of national health institutions is undergoing a period of fundamental transformation, and changes and amendments must be made to the national legislation governing the activity of occupational health services. The Committee requests the Government to indicate any progress made in this regard by specifying in particular the regulatory texts adopted which remain in force.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report contains no reply to its previous comments. It must therefore repeat its previous direct request, which read as follows:

1. The Committee requests the Government to provide additional information on the following points.

Article 5(d), (g), (h) and (k) of the Convention. Please specify to what extent the following functions are guaranteed by occupational health services: participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment; promotion of the adaptation of work to the workers; contribution to measures of vocational rehabilitation; participation in analysis of occupational accidents and occupational diseases.

Article 10. Please indicate the provisions made to guarantee the professional independence of the personnel in all new institutions from employers, workers and their representatives.

Article 12. The Committee notes that, according to the Government's report, the financial and economic conditions relating to the health benefits granted by occupational medical services are not completely covered by legislation. It requests the Government to indicate whether the surveillance of workers' health in relation to their work is free of charge for them in all health services, whether it involves any loss of earnings for them, and what provisions govern the financial conditions of the surveillance of workers' health.

2. The Committee notes that, according to the Government, the system of national health institutions is undergoing a period of fundamental transformation, and changes and amendments must be made to the national legislation governing the activity of occupational health services. The Committee requests the Government to indicate any progress made in this regard by specifying in particular the regulatory texts adopted which remain in force.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with interest the information provided by the Government in its first report.

1. The Committee requests the Government to provide additional information on the following points.

Article 5(d), (g), (h) and (k) of the Convention. Please specify to what extent the following functions are guaranteed by occupational health services: participation in the development of programmes for the improvement of working practices as well as testing and evaluation of health aspects of new equipment; promotion of the adaptation of work to the workers; contribution to measures of vocational rehabilitation; participation in analysis of occupational accidents and occupational diseases.

Article 10. Please indicate the provisions made to guarantee the professional independence of the personnel in all new institutions from employers, workers and their representatives.

Article 12. The Committee notes that, according to the Government's report, the financial and economic conditions relating to the health benefits granted by occupational medical services are not completely covered by legislation. It requests the Government to indicate whether the surveillance of workers' health in relation to their work is free of charge for them in all health services, whether it involves any loss of earnings for them, and what provisions govern the financial conditions of the surveillance of workers' health.

2. The Committee notes that, according to the Government, the system of national health institutions is undergoing a period of fundamental transformation, and changes and amendments must be made to the national legislation governing the activity of occupational health services. The Committee requests the Government to indicate any progress made in this regard by specifying in particular the regulatory texts adopted which remain in force.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the information provided by the Government in its first report. It also notes from the information provided by the Government concerning the application of ratified Conventions generally that the new health insurance system came into force on 1 January 1992 and that new legislation concerning occupational health services is in the final stage of preparation and should come into force in April of this year. The Government is requested to transmit copies of this legislation to the Office as soon as it is adopted.