Safety and Health in Mines Convention, 1995 (No. 176) - Czechia (Ratification: 2000)

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.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Further to its observation, the Committee notes the information provided by the Government in its latest report, including references to the availability of legislation online, and recent amendments to legislation concerning the application of the Convention, including, inter alia, the amendments to the following: Decree of the Czech Mining Office No. 447/2001 Coll., on mining rescue services, by Decree No. 87/2006 Coll.; Decree of the Czech Mining Office No. 298/2005 Coll., on requirements for professional qualifications and professional competence in the performance of mining activities or activities performed underground and on amendments to some acts, by Decree No. 240/2006 Coll.; Decree of the Czech Mining Office No. 35/1998 Coll., on the requirements for health and safety at work and the safe operation of railways in brown coalmines, by Decree No. 485/2006 Coll.; and Decree of the Czech Mining Office No. 415/2003 Coll., laying down the conditions for ensuring health and safety at work and safe operations for vertical haulage and climbing, by Decree No. 571/2006 Coll. The Government also indicates the adoption of the Decree of the Czech Mining Office No. 49/2008 Coll., on requirements for ensuring the safety of underground constructions. The Committee notes the information provided which appears to give further effect to Articles 1, 3, 4(2) and 5(2)(d) of the Convention. The Committee asks the Government to continue to provide information on the relevant measures undertaken with regard to the Convention.

The Committee notes the references to provisions in national legislation, provided by the Government in response to the Committee’s previous comments on the application of the Convention. The Committee asks the Government to provide detailed information in its next report on how these provisions give effect to the following Articles of the Convention.

Article 5(2)(c) of the Convention. Reporting of dangerous occurrences and mine disasters. The Committee notes the reference by the Government to section 21(2) of Decree No. 22/1989 Coll., section 19 of Decree No. 26/1989 Coll. and section 18 of Decree No. 239/1998 Coll.

Article 5(4)(d). Requirements for the safe storage and transportation of hazardous substances used in the mining process and disposal of waste produced at the mine. The Committee notes the reference by the Government to Decree No. 99/1995 Coll., section 159 of Decree No. 26/1989 Coll., section 308 of Decree No. 22/1989 Coll., sections 30–33 of Decree No. 72/1988 Coll., sections 22, 25(g), 26, 29 and 30–34 of Act No. 61/1988 Coll., Decree No. 338/1997 Coll., Decree No. 428/2009 Coll., Decree No. 429/2009 Coll. and Act No. 157/2009 Coll., and section 20 and Part IV of Act No. 106/2005 Coll.

Article 5(5). Preparation of appropriate plans in the event of any significant modification of operations and updating of plans of workings. The Committee notes the reference by the Government to section 41(2)(b) of Act No. 61/1988 Coll., section 32 of Act No. 44/1988 Coll., section 4 of Decree No. 172/1992 Coll., and sections 7–8 of Decree No. 104/1988 Coll.

Article 7(a). Safe design and construction of mines and provision of electrical, mechanical and other equipment. The Committee notes the reference by the Government to sections 6–8 of Decree No. 22/1989 Coll., sections 6–7 of Decree No. 26/1989 Coll., sections 8–8a of Act No. 61/1988 Coll. and section 23 of Act No. 44/1988 Coll.

Article 7(b). Safe commissioning, maintenance and decommissioning of mines. The Committee notes the reference by the Government to Decree No. 52/1997 Coll. and section 32 of Act No. 44/1988 Coll.

Article 7(c). Maintenance of stability of the ground. The Committee notes the reference by the Government to sections 4, 5, 7, 29–39, 43–47, 53–56 of Decree No. 26/1989 Coll.

Article 7(g). Operating plans in respect of zones susceptible to particular hazards. The Committee notes the reference by the Government to sections 14, 21, 37, 43, 51, 59 and 195 of Decree No. 22/1989 Coll., Decree No. 55/1996 Coll., Decree No. 99/1995 Coll., Decree No. 659/2004 Coll., section 23(2)(e) of Act No. 44/1988 Coll. and Decree No. 8/1987 Coll. replaced and repealed by Decree No. 266/1994 Coll.

Article 12. Responsibilities of the employer in charge of the mine, when two or more employers undertake activities at the same mine. The Committee notes the reference by the Government to section 101(3) of Act No. 262/2006 Coll., section 103(1)(g) of Act No. 262/2006 Coll. and section 105(1) of Act No. 262/2006 Coll.

Article 13(1)(a). Right of workers to report accidents, dangerous occurrences and hazards to the competent authority. The Committee notes the reference by the Government to section 106(4)(f) of Act No. 262/2006 Coll. and section 3b(1)(b) of Act No. 61/1988 Coll.

First aid for underground injuries and the maintenance of mining rescue services. The Committee notes the reference by the Government to sections 4(1), 5, 6(1)(i) and (j), and 7(1)(e) of Decree No. 447/2001 Coll.

Part V of the report form. Application of the Convention in practice. The Committee notes that the Government has referred to the online availability of the annual reports on mining safety for the period 2006–09. The Committee asks the Government to continue to provide information on the application of the Convention in practice, and to provide, in one of the working languages of the ILO, and where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.

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

The Committee notes the information contained in the Government’s latest report, including the comments by the Czech–Moravian Confederation of Trade Unions (CMKOS), which indicate that mining trade unions pay maximum attention to the unfavourable situation concerning fatal accidents, and adopt measures realized by union occupational safety and health inspectors. The CMKOS also states that pursuant to Memorandums of Understanding between mining trade unions, the State Labour Inspection Office and the Czech Mining Office, the situation is jointly appraised on a regular basis and agreed conclusions are immediately realized. The Committee also notes that the Government has referred to online versions of the annual reports on mining safety for the period 2006–09. The Committee asks the Government to continue to provide information on the measures taken and envisaged to improve safety and health standards in mines, particularly coalmines.

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 with interest the detailed information, including references to a large number of Acts, decrees, ordinances and regulations provided by the Government in its reports, as well as information on the level of safety in the mining sector for the years 2001, 2003, 2004 and 2005. The Committee requests the Government to transmit copies of the various Acts, decrees, ordinances and regulations referred to in its reports, with translations in English, if available, and to supply clarification and supplementary information in respect of the following points.

2. Article 1 of the Convention. Definitions. Please indicate the definitions of the terms "mine" and "employer" under national legislation.

3. Article 3. Policy on safety and health in mines. The Committee notes that the Czech Mining Office had in 2002 prepared a proposal of the concept of the aggregate policy on occupational safety and health in mines and that the trade unions consulted had recommended that the adoption of the concept be deferred until the adoption of the national policy on occupational safety and health. Please indicate whether the national policy on occupational safety and health and the concept of the aggregate policy on occupational safety and health in mines prepared by the Czech Mining Office have since been adopted.

4. Article 4, paragraph 2. Technical standards, guidelines and codes of practice. Please indicate whether there are any technical standards, guidelines or codes of practice supplementing the national laws and regulations giving effect to the Convention.

5. Article 5, paragraph 2(c). Reporting of dangerous occurrences and mine disasters. Please indicate the specific provisions of national legislation requiring the reporting of dangerous occurrences and mine disasters.

6. Article 5, paragraph 2(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. Please indicate the specific provisions of national legislation requiring the compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences.

7. Article 5, paragraph 4(d). Requirements for the safe storage and transportation of hazardous substances used in the mining process and disposal of waste produced at the mine. The Committee takes note of the indication of the Government that the provisions of special Part III of Act No. 61/1988, Decree No. 99/1995, Decree No. 22/1989, Decree No. 26/1989 and Decree No. 51/1989 specify the requirements for the disposal of hazardous substances used in the mining process. Please indicate the specific provisions of national legislation containing requirements for the safe storage and transportation of hazardous substances used in the mining process and the disposal of waste produced at the mine.

8. Article 5, paragraph 5. Preparation of appropriate plans in the event of any significant modification of operations and updating of plans of workings. The Committee notes the indication of the Government that sections 10 and 19 of Act No. 61/1988 require plans of workings to be submitted to the district mining office together with a request for permission to start operations. Please indicate the specific provisions of national legislation which require the employer in charge of the mine to ensure that appropriate plans of workings are also prepared in the event of any significant modification and that plans of workings are brought up to date periodically and kept available at the mine site.

9. Article 7(a). Safe design and construction of mines and provision of electrical, mechanical and other equipment. The Committee notes that the Government refers to section 6(6) of Decree No. 22/1989 relating to the location of telecommunication equipment in mines. In the light of the requirements of Article 7(a) of the Convention, please indicate the specific provisions of national legislation requiring employers to ensure that the mine is designed and constructed and provided with electrical, mechanical and other equipment so as to provide conditions for safe operation and a healthy working environment.

10. Article 7(b). Safe commissioning, maintenance and decommissioning of mines. The Committee notes the indication of the Government that the provisions of Decree No. 22/1989, in particular, sections 39, 44, 50 and 58 and Decree No. 415/2003 contain requirements for the safe operation of mines. Please indicate the specific provisions of national legislation requiring employers to ensure that mines are commissioned, maintained and decommissioned in such a way that workers can perform the work assigned to them without endangering their safety or health or that of other persons.

11. Article 7(c). Maintenance of stability of the ground. Please indicate the specific provisions of national legislation requiring employers to ensure the stability of the ground in areas to which workers have access.

12. Article 7(g). Operating plans in respect of zones susceptible to particular hazards. The Committee notes that the Government refers to section 134(c) of the Labour Code which requires the elimination or limitation of risks and the provisions of Act No. 61/1988, Ordinance of the Czech Mining Office No. 8/1987 and Decrees Nos. 26/1989 and 51/1989 which require the preparation of emergency plans. Please indicate the specific provisions of national legislation requiring employers to draw up and implement an operating plan in respect of zones susceptible to particular hazards so as to ensure a safe system of work and the protection of workers.

13. Article 12. Responsibilities of the employer in charge of the mine, when two or more employers undertake activities at the same mine. The Committee notes that the Government refers to section 6 of Act No. 61/1988 which specifies the responsibility of the employer. It also notes that section 132(4) of the Labour Code requires two or more employers undertaking tasks at the same workplace to cooperate to ensure safe and healthy working. Please indicate the specific provisions of national legislation that require the employer in charge of the mine to coordinate the implementation of measures concerning the safety and health of workers and to be primarily responsible for the safety of operations, when two or more employers undertake activities at the same mine.

14. Article 13, paragraph 1(a). Right of workers to report accidents, dangerous occurrences and hazards to the competent authority. The Committee notes that section 135(4)(f) of the Labour Code enables workers to report accidents, dangerous occurrences and hazards to the employer. Please indicate the specific provisions of national legislation under which workers have the right to report accidents, dangerous occurrences and hazards to the competent authority.

15. Part V of the report form. The Committee notes with interest the reports regarding the level of safety in the mining sector for the years 2001, 2003 and 2004. Please continue to supply such reports.

16. First aid for underground injuries and the maintenance of mining rescue services. Noting that the report for the year 2001 refers to difficulties in securing first aid in cases of underground injuries, and in rescuing of the injured underground, and that it also indicates that the mining rescue service is not maintained in many mines that are privately managed, the Committee requests the Government to indicate the measures taken or envisaged to ensure that employers provide workers injured underground with speedy access to the requisite first aid and medical facilities and to ensure that mining rescue services are maintained in privately managed mines.

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

1. The Committee notes the information contained in the Government’s reports for the years 2003, 2004 and 2005 including the observations of the Czech-Moravian Confederation of Trade Unions (CM KOS) made in 2005.

2. Measures to improve safety and health standards in mines and in black coal mines. The Committee notes that according to the information provided by the Government the number of fatal accidents in mines increased over the years 2003 and 2004 and that in these years there were 20 and 21 fatal accidents, respectively with the highest number of fatal accidents occurring in black coal mines. The Committee also notes that the number of work injuries requiring hospitalization for more than five days appears to be on the rise, with 58 such injuries having occurred in 2004 and 34 of these injuries occurring in black coal mines. The Committee notes that CM KOS has expressed serious concerns regarding the increasing number of fatalities and that, in an effort to address these concerns, measures had been taken in cooperation between CM KOS, occupational safety inspectors of the Trade Union of Workers in Mines, Geology and Oil Industry (OS-PGHN), the Czech Mining Office (ČBÚ) and the State Labour Inspection Office. The Committee notes with interest the information submitted by the Government that the state mining administration bodies inspected the status, cause and consequence of each fatality, that proceedings were commenced against every organization concerned, that sanctions were applied if safety norms were breached and that fines were imposed during inspections by the local mining offices for infringement of safety norms. The Committee requests the Government to provide further detailed information on measures taken to address the concerns addressed in this comment including information on the results of the specific cooperation between CM KOS, OS-PGHN, ČBÚ and the State Labour Inspection Office. Furthermore, and in the light of the fact that the highest number of fatal accidents and the highest number of injuries requiring hospitalization for more than five days in both 2003 and 2004 have taken place in black coal mines, the Committee requests the Government to indicate specific measures taken to improve safety and health standards in black coal mines, apart from the imposition of sanctions.

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